In New York, Startup Founders Cannot Work for Free

Many early-stage startups do not have the cash flow to cover the high salaries formerly earned by their founders and key executives.  As a result, startups often compensate these individuals with equity in lieu of a higher salary.  Startups should not automatically assume this is permissible under the wage-and-hour laws. The federal Fair Labor Standards … Read more

New York State Requires Reasonable Accommodation for Victims of Domestic Violence

Come November 18, 2019, employers in New York State must grant employees who are victims of domestic violence with reasonable time off as an accommodation in order to: seek medical attention for injuries caused by domestic violence, including for a child who is the victim of domestic violence; obtain services from a domestic violence shelter, … Read more

As Election Day Approaches, Don’t Forget About New York’s New Voting Leave Law

This past spring, New York’s election laws were amended to provide for an additional hour of paid time off from work to vote. Previously, New York employers only had to provide employees with up to two hours of paid time off from work to vote and only if employees did not have sufficient time to … Read more

New York’s Expanded Pay Equity Law Goes into Effect on October 8

New York has long prohibited unequal pay for unequal work based on sex.  However, come October 8, 2019, New York employers will also be prohibited from paying employees who are a member of one or more protected classes (no longer limited to sex) at a lesser rate than employees outside the protected class or classes … Read more

Even More Myths About Hiring Independent Contractors

In two prior posts (Top Myths About Hiring Independent Contractors and More Myths About Hiring Independent Contractors), we identified six common misconceptions about the use of independent contractors, each of which continues to result in the misclassification of independent contractors by employers. Here, we identify two more common misconceptions about independent contractors that almost always lead to … Read more

Compensating Employees for Recreational Activities

A common way for employers to boost employee morale and promote team building is to host non-work related recreational activities, such as sports teams and bowling events. While most employers are mindful of the potential for workers’ compensation and negligence liabilities for injuries occurring during these events, the overwhelming majority of employers do not know … Read more

How to Craft a Non-Discriminatory Paternity Leave Policy

Historically, many employers provided paid maternity leave to mothers, while providing little to no leave to fathers. While employers may provide leave that is tied to childbirth to birth mothers only, nowadays, employers must provide post-childbirth leave for bonding and childcare purposes to both male and females on an equal basis. Failure to do so … Read more

Notice and Policy Requirements for New York Employers without Employee Handbooks

For one reason or another, there are a number of employers that don’t have an employee handbook. Usually it is because they are too new a business with too few employees to justify having one, or they consider handbooks oppressive documents that employees never read anyway. It’s not the subject of this post, so I … Read more

The Who, What, When and How of Sexual Harassment Training in New York and NYC

Much has been written about the sexual harassment training now required for New York and NYC employers as a result of the #MeToo movement. The requirements, however, differ slightly for each jurisdiction.  Here is a cheat sheet to the Who, What, When and How of the requirements under both laws. Who? All employees must be … Read more