Denis O’Leary, Author at Neufeld O'Leary & Giusto

NEW DISCLOSURE AND REPORTING REQUIREMENTS FOR NEW YORK COOPERATIVE AND CONDOMINIUM BOARD MEMBERS

The New York State Legislature recently enacted a law which requires members of cooperative or condominium boards to disclose any transactions in which they have an interest to all shareholders or unit owners. Both the New York Business Law (with new Section 727) and the New York Not-for-Profit Corporation Law (with new Section 519-a) now … Read more

Get Ready for Changes to New York City’s Paid Sick Time Law

Under New York City’s Earned Sick Time Act (aka Paid Sick Leave Law), certain employers must give their employees sick leave. In November 2017, New York City revised the law to expand its coverage. Employers must be aware of these changes as the provisions go into effect on May 5, 2018. New York City’s Earned Sick … Read more

How the New U.S. Department of Labor Program Will Benefit Workers and Employers

Earlier this year, the U.S. Department of Labor through its Wage and Hour Division (the “Division”) announced a new pilot program to expedite resolution of inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”). The program allows employers to self-report potential violations, reducing the time, money and resources spent to address … Read more

Let the Broker Beware – A Breach of Your Duty of Undivided Loyalty Will Cost You Your Commission

New York law provides that brokers have a duty of undivided loyalty in a real estate transaction and as such, they must disclose and get consent of the parties if they are working as a dual agent. A recent decision by the New York Appellate Division First Department demonstrates that courts take this rule seriously … Read more

New York State is Cracking Down on Wage Theft

Many employees within the construction and restaurant industries in New York State claim that their employers exploit them by refusing to pay them the agreed upon amount, not paying overtime and permitting unsafe working conditions. Most, but not all, of these abuses occur in non-union employment situations where there is no organization keeping an eye … Read more

Complying with New York State’s Paid Family Leave Law

Effective January 1, 2018, all private employers (and many public employers) in New York State are required to allow employees to take paid leave in certain circumstances. The law applies to all private employers with at least one (1) employee. Although the paid family leave law only just went into effect this month, employers have … Read more

When Can Punitive Damages Be Recovered in Discrimination Cases?

Companies and employees dealing with a possible discrimination claim should be aware of a recent decision by the New York Court of Appeals regarding liability for punitive damages. Often plaintiffs seek punitive damages in an employment discrimination case. However, with respect to claims under the New York City Human Rights Law, it wasn’t clear what … Read more

What Co-Op Owners Should Know About Challenging the Adoption of New House Rules

Most cooperative corporations (“co-ops”) issue House Rules which are generally adopted by the Co-Op Board and must be followed in addition to those obligations set forth in the Proprietary Lease. Co-op owners (or shareholders) are generally provided with a copy of the newly adopted House Rules by the managing agent. Many owners don’t realize that … Read more

Out with the Old (I-9 Employment Eligibility Verification Form) and in with the New

Employers should be aware of recent changes to the I-9 Employment Eligibility Verification form, which all employers must use. Since November 1986, when Congress passed the Immigration Reform and Control Act (the “IRCA”), employers have been required to verify the identity and employment eligibility of prospective employees prior to hiring. The IRCA prohibits employers from … Read more

Tax Benefits of Using Your IRA Distributions to Donate to Charities

Donating to charity your IRA distributions can be an excellent way to both support causes that are meaningful to you and reduce your taxes. Fortunately, a provision of the Internal Revenue Code, which gives donor’s a significant tax benefit, was made permanent at the end of 2015 so individuals can now take advantage of the rules as an integral part of their tax and estate planning.

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