News & Insights

How Medical Marijuana Use May Affect Workplace Drug Testing in New York

In July of 2014, Governor Cuomo signed the Compassionate Care Act (“CCA”) authorizing the manufacture, sale and use of medical marijuana within New York State. The CCA has created a potential issue for those employers who conduct drug testing or otherwise have a written policy against the use of recreational drugs. The open question is whether … Read more

New York Employers: Are You Ready? New Sexual Harassment Law Changes Effective Immediately

Earlier this year, New York State and New York City enacted significant changes to sexual harassment laws that affect employers and employees.  Both laws mandate sexual harassment prevention policies and annual training along with other changes.  These requirements go into effect July 11, 2018 through April 1, 2019 depending on the provision.  Below is a … 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

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

Do You Have to Pay Interns in New York?

Internships are widely considered to be beneficial for students, even if they are unpaid. They are supposed to provide practical experience and insight into how the student’s education is applied in a work setting. However, just because a student agrees to an unpaid internship, this does not mean that the employer automatically avoids liability under … 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

Suing Corporate Officers and Employees Personally for Misconduct

Typically, officers and employees of corporations or limited liability companies are not personally liable for acts taken in a corporate capacity. However, there are important exceptions. As discussed in a previous post, when a corporate entity fails to follow corporate formalities and its shareholders mingle personal and corporate funds, the shareholders may be personally liable … 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