In June 2016, the U.S. Equal Employment Opportunity Commission released an 88-page report on harassment in the workplace. The report (available here) calls for “a reboot of workplace harassment prevention efforts” in light of the fact that one-third of the approximately 90,000 charges of discrimination received by the EEOC in fiscal year 2015 included an … Read more
Six months from now, on December 1, 2016, a new federal overtime rule goes into effect. The new overtime rule doubles the annual salary threshold that must be paid to an employee in order for the employee to qualify for an exemption from the overtime pay requirements. The current annual salary is $23,660 and the … Read more
Although laws like Title VII seek to make persons whole for injuries suffered on account of unlawful harassment, its primary objective is not to provide redress, but to avoid harm. This means that the law gives employers many opportunities to avoid liability for the harassing conduct of their employees and supervisors, most significantly, when employers … Read more
Much like employee handbooks, federal and state laws do not require employers to have job descriptions for their employees. That being said, there are a number of practical and legal benefits to having them, provided they are well-drafted. Here, we’ll discuss three good reasons for your organization to have written job descriptions. Performance Management Written … Read more
Wage theft prevention remains a priority in New York so much so that, in recent years, the state has incrementally expanded the personal liability of LLC members and corporate shareholders for the unpaid wages due their organization’s employees. Early last year, Section 609 of New York’s Limited Liability Company Law was amended with the addition … Read more
Beginning January 1, 2016, unless otherwise exempted, NYC employers with 20 or more full-time employees must offer full-time employees the opportunity to use pre-tax income to pay for their commute. The Department of Consumer Affairs (DCA), the same agency responsible for enforcing the NYC Earned Sick Time Act (Paid Sick Leave Law), has responsibility for … Read more
Though there are many laws requiring employers to notify employees of certain workplace rights, there are actually no federal, New York State or New York City laws specifically requiring an employer to have an employee handbook. However, there are a number of reasons why creating and maintaining an employee handbook is a good idea and … Read more
Employers often run afoul of wage-hour laws in similar ways, three of which are discussed below. Luckily, these errors can often be remedied, in a prospective manner, through a simple change in policy or practice. Refusing to Pay for Unauthorized Overtime Many employers require employees to seek approval before working overtime. While that is an … Read more
Beginning September 3, 2015, it will be illegal for covered employers in New York City to request or use an employee’s or applicant’s consumer credit history to make employment decisions. The Stop Credit Discrimination in Employment Act amends the New York City Human Rights Law, which applies to employers with 4 or more employees, and … Read more
Not all employers are covered by all of the various labor and employment laws that exist. It is important to know which laws apply to which company or organization, because coverage imposes important obligations on employers. Here are the most common federal, New York state, and NYC equal employment opportunity (EEO) laws, along with a brief … 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.