Employment Archives - Page 3 of 4 - Neufeld O'Leary & Giusto

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

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

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

Appellate Court finds post-operative treatments fall under Family Medical Leave Act

Evaluating medical conditions for purposes of Family Medical Leave Act (FMLA) claims can be challenging for employers especially as new court decisions continually reinterpret employer obligations. FMLA is a federal statute, which applies to employers with 50 or more employees.

Latest Discrimination Rules in NY Mean More Risks for Employers

Companies with NY employees need to be aware of two recent legal developments which impose new liability under discrimination rules. There are already an array of different federal, state and local statutes which protect employees (and potential employees) from discrimination on many grounds, including sex, race, disability, and even felony conviction status. These rules impact not only New York based companies, but also out-of-state businesses that require New York employers to follow their employment practices.

Risks of Personal Use of a Work Email Address

In our busy lives it’s not uncommon for many employees to send personal emails from their business email account. However, there can be unintended repercussions for both employers and employee in a litigation setting. New York law establishes a variety of “privileges,” which protect parties from being compelled to disclose certain broad categories of communications. Those privileges can be easily lost because of an employer’s email policy, thereby allowing an opposing party to get such emails as evidence.

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