New York Employers Take Note: “Primary Beneficiary Test” to Determine Whether Interns Should Be Paid Under the FLSA

On July 2, 2015, the Second Circuit Court of Appeals answered the question: “[W]hen is an unpaid intern entitled to compensation under the FLSA?”  The question was a matter of first impression in the circuit, and the decision was a long-awaited one, because it addressed a question left unresolved since 2013 when two New York … Read more

Three Things to Consider Before Purchasing Employment Practices Liability Insurance (EPLI)

Employment practices liability insurance (EPLI) is a type of insurance coverage that protects businesses from financial consequences associated with employment-related lawsuits.  But, as is the case with most insurance policies, EPLI policies vary wildly in terms of price and breadth of coverage.  Below are three things to consider before you purchase an EPLI policy. 1. … Read more

Joint Employers and Overtime Pay

If a non-exempt employee works part time for two separate, but related, employers in the same workweek, such that the employee works 20 hours per week in one company and 25 hours per week in the other company, is the employee legally entitled to overtime pay because he is working more than 40 hours per … Read more

More Myths About Hiring Independent Contractors

In a prior post titled Top Myths About Hiring Independent Contractors, we identified three common misconceptions about the use of independent contractors.  The absence of clear-cut rules about the kinds of workers who are and aren’t appropriately classified as independent contractors continues to result in the misclassification of independent contractors by employers.  Here, we identify three … Read more

Hiring Your First Worker? Read On.

Whether you’re working with independent contractors or hiring your first employee, building a business team brings with it a whole new area for compliance: labor and employment law. Labor and employment laws cover everything from payroll and workers compensation to workplace posters to preventing discrimination and harassment in the workplace. Unfortunately, there is no single … Read more

Will Telecommuting Be More Costly for Your Business in the Long Run?

Telecommuting is increasingly popular among startups and small businesses, and not surprisingly so.  Much has been written extoling the benefits of allowing employees to telecommute, and it’s very much the norm at companies earning high ranks on “best places to work” lists.  Above and beyond the feel-good benefits to employees, telecommuting also provides cost-sensitive startups … Read more

Interview Questions Not to Ask

Employers sometimes forget that it’s not just employees who can sue them, but applicants as well.  With the cost of defending a claim of discrimination at several hundred thousand dollars, and new laws in place that provide increased hiring protections for candidates, it’s more critical than ever for employers to conduct lawful employment interviews. As most … Read more