Financial transactions happen every day all around the world. Interestingly, whether you’re buying a bottle of water or entering into a multi-million-dollar contract, many of the same basic rules apply. Among those rules are ones that govern what happens if you accidentally overpaid someone. It’s important to know what your obligations are when you pay … Read more
If someone is injured by an employee, there may be grounds for suing the employer for negligent hiring and retention of that employee. However, there are strict requirements for bringing a claim which can be difficult to establish, as we discussed in a prior blog post involving a lawsuit against a church. In that case, … Read more
In litigation, it is important to determine not only who did what to whom, and what damage resulted, but also who can be held legally responsible for the conduct. The latter issue commonly arises when an employee causes injury to another party and the suit seeks to hold the employer liable for the employee’s actions. … Read more
It is not uncommon for an employee to leave one company to go to work for a competitor. Often, the former employee has relationships with customers and attempts to bring them along with him which can result in damages to the former employer. If the customer is large or if those damages are severe enough, … Read more
The Americans with Disabilities Act (ADA) protects individuals who are disabled (or considered to be disabled) from discrimination in a variety of contexts. In the employment arena, it applies to employers who have 15 or more employees. While it encompasses a wide range of physical or mental impairments, there are limitations in who is considered … Read more
Effective January 1, 2020, employers will have to pay any employee who does not make at least $35,568 per year overtime for any hours in excess of 40 hours worked in a particular workweek. This is because there will be new overtime rules in 2020. As a result of this change, employers must review how … Read more
Most people know that employers cannot discriminate against employees on the basis of certain characteristics such as age, race, gender, and disability. Such discrimination is typically barred by federal, state and local statutes. However, a recent federal court decision by the Second Circuit Court of Appeals brings attention to a lesser-known area of possible discrimination … Read more
By Jill Weinberg, Esq. Employee wage and hour claims, usually for unpaid overtime, can be financially draining to companies big and small. Unfortunately, they have been on the rise. A good example is MetLife who was recently sued in federal court, in the Southern District of New York for $50 million dollars in unpaid overtime … Read more
The New York Legislature recently passed an anti-sexual harassment law which is likely to make it easier for workers to win their lawsuits. The Bill, which was championed by Governor Andrew Cuomo and is now awaiting his signature, does away with the requirement that the alleged misconduct be “severe or pervasive” in order to constitute … Read more
In many academic settings, students have the opportunity to work in a controlled and supervised environment in order to learn necessary skills, particularly in fields which require licensing by the state. These student trainees generally are not paid. A recent federal appellate court case addressed the question of whether they are employees and therefore, entitled … Read more