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
While social media has vastly expanded ways of facilitating business, the use of such media also begets legal consequences that businesses should be aware as they utilize these technologies. Case in point? A chef and restaurant owner recently tweeted a job description similar to the following: Looking for a new cook! Must love abuse and … Read more
Each year, more employers are allowing their employees to telecommute. Many of them, however, do not take into consideration the legal or tax issues raised by telecommuting before allowing employees to work from home or another remote location. In addition, they do not consider whether telecommuting is appropriate for the particular position and employee. Federal … Read more
Even though the Obama Administration delayed implementation of the employer health coverage mandate under the Patient Protection and Affordable Care Act (Affordable Care Act) until January 15, 2015, employers must still let their employees know about health care options by October 1st of this year. All employers who are subject to the federal Fair Labor … Read more
A question I’m often asked is whether employers need to pay their employees for checking and responding to e-mail during what would normally be the employee’s personal time. The answer is yes, and the answer applies to any form of e-communication, such as texting and instant messaging, and also to phone calls. While this may … Read more
On April 1, 2013, Governor Cuomo signed legislation that will increase New York’s minimum wage (currently, $7.25/hour) to $9.00/hour over a three-year period. Starting December 31, 2013, the minimum wage will raise incrementally as follows: December 31, 2013 – $8.00/hour December 31, 2014 – $8.75/hour December 31, 2015 – $9.00/hour What many employers don’t know … Read more
Federal, state and city laws require all employers (even those with only one employee) to display labor law posters informing employees of their rights under the laws. Where there is a law on the subject, there is usually a posting requirement. In turn, this means there are many posting requirements. Posters wouldn’t be a big … Read more
In two prior posts (How to Use Interns the Right Way (and Keep Litigation at Bay) and The Fox Searchlight Ruling and What It Means for Unpaid Internships), we discussed a growing litigation trend on behalf of unpaid interns who are now claiming that they were really employees who should have been paid for their … Read more
(Update: On July 2, 2015, the Second Circuit Court of Appeals issued a decision in the appeal of Glatt v. Fox Searchlight Pictures Inc. and answered the question of when an unpaid intern is an employee entitled to compensation under the Fair Labor Standards Act. A blog post on that decision appears here.) A version of … Read more
On March 13, 2013, the New York City Council passed a bill amending the New York City Human Rights Law to protect the unemployed. The new law goes into effect June 11, 2013 and generally prohibits discrimination based on an individual’s unemployment status and the posting of job advertisements requiring applicants to be employed. The … 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.