Some non-disclosure obligation is usually presented to an employee upon hire or termination of employment. Upon hire, the obligation usually takes the form of a stand-alone non-disclosure agreement (NDA) or it is part of a larger employment agreement or non-compete agreement meant to maintain the confidentiality of the employer’s commercially valuable information. Upon termination of … Read more
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
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
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 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
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
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
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
A variation of this post appeared on my website a number of years ago following the initial wave of unpaid intern lawsuits that were filed in New York in 2011 and 2012. One of the questions that presented itself as a result of those lawsuits was: What’s the appropriate test for an unpaid internship? In … Read more
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
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.
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.