Last week, I spoke to a group of arts administrators at a professional development session hosted by ArtsWestchester and the Entertainment, Arts and Sports Law Section of the New York State Bar Association on the distinction between employees and independent contractors. We covered a lot of information during the session, including: the hefty financial consequences … Read more
If you’re a private employer and you allow employees to take compensatory (or comp) time, you might be making a big mistake. Comp time is when employers allow employees to bank overtime hours for use as vacation time or other paid time off at a later date instead of immediately paying the employee overtime for … Read more
In a prior post titled Yes, You Do Have to Pay Employees for Checking E-Mail Outside of Work, we discussed steps employers can take to reduce the risk that non-exempt employees will assert unpaid wage claims for the time they spend checking and responding to e-mail (and other communications) during what would normally be the … Read more
Many employers mistakenly believe that overtime pay only applies to hourly workers. The reality is that many salaried employees are also entitled to overtime pay. Generally speaking, unless employees are considered “exempt,” the law requires that any hours worked in excess of 40 per workweek be compensated at a rate of not less than time … Read more
With Valentine’s Day approaching, and workplace romance as pervasive as ever, what better topic for this week’s post than options for employers seeking to handle workplace romances between employees. The Bad and the Ugly of Workplace Romance When a workplace romance ends, it can have all kinds of repercussions, regardless of whether it ends on … Read more
Confusion abounds whenever the subject of COBRA arises, especially with smaller employers and owner-operated businesses. The most common misconception I’ve encountered is that an eligible employee simply receives COBRA benefits because he/she is eligible without the employer (or someone designated by the employer) having to actually facilitate COBRA benefits. This is simply wrong. COBRA isn’t … Read more
Each new year brings new employment laws. In this post, we provide highlights of legislation passed in 2013 that will affect (and, in some cases, already is affecting) New York and NYC employers in 2014. Pregnancy Accommodation (NYC Employers) Legislation amending the New York City Human Rights Law will require most NYC employers to provide … Read more
With wage-and-hour litigation continuing its growth, employers who provide holiday bonuses should make sure that they don’t become proof of the old adage that no good deed goes unpunished by finding themselves on the receiving end of a wage claim. Wage-and-hour laws look to technical compliance, not generosity, and unbeknownst to many employers, there are … Read more
Employer-sponsored holiday parties are a good way to maintain employee morale and allow employees to bond, but they can also result in unexpected legal liability. Holiday parties often involve alcohol. And alcohol, which has a tendency to lower inhibitions, may result in inappropriate or irresponsible behavior on the part of your employees, in turn generating … Read more
Many businesses rely on independent contractors, instead of employees, for their staffing needs. The reasons for doing so are obvious – among them, savings in labor costs. But misclassification of a worker as an independent contractor (as opposed to an employee) may have a number of legal consequences for a business, including: Payment of back … Read more
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If you are not a current client of the Law Office of Kristine A. Sova, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. The Law Office of Kristine A. Sova has no duty to keep confidential any of the information you provide.
In addition, please be advised that the transmission of information via this website or by e-mail does not establish an attorney-client relationship. An attorney-client relationship with the Law Office of Kristine A. Sova is not established until and unless the Law Office of Kristine A. Sova agrees to such a relationship in a separate written document.