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May My Company In New York Recoup The Cost Of Obtaining An H1-B Visa For An Employee Who Quits?

An H-1B visa allows qualified foreign workers to engage in temporary employment services in a "specialty occupation." An H-1B visa may be obtained for an initial period of up to three years and may be extended for an additional three years. The employer must file the H1-B petition with...

How Long Must My Company In New York Keep Its Employee Records?

Though it is not required by law, the best practice for a company in New York is to retain its employees' personnel files for the length of the employee's employment plus five years . This is the case, among other reasons, because an individual may file a lawsuit under the New York City...

When Retaining Independent Contractors, Must My Business In New York Abide By Anti-Discrimination Laws?

A business located in New York City must abide by anti-discrimination laws in refusing to retain or ceasing to retain an independent contractor. By contrast, a company located in New York State, but outside the five boroughs of New York City, need not, in declining to retain or ceasing to retain...

Duane Morris Alert-Deadline Approaching: New York Employers Have Until February 1, 2012, to Provide All Employees with Annual Wage Notice

As we reported in a Duane Morris Alert last March, all New York employers are required to provide all employees by February 1, 2012, a written notice containing specific information about the employee's wages. The required information must be provided at the time of hire, annually between January...

May My Company In New York Subject Its Employees To Random Drug Testing and Lawfully Fire Workers Who Test Positive For Illegal Drugs?

Random testing means choosing workers for tests at random, without suspicion, and without advance notice of when the test will take place. Random testing may also encompass the testing of all employees in a company (or a given division of a company) when the date of the testing is not announced,...

What Payroll Records Must My Business In New York Keep?

New York State, like the federal government, does not require any particular order or form for the records that an employer must maintain concerning employees' wages and hours . Cf. 29 C.F.R. § 516.1(a) ("No particular order or form of records is prescribed by" 29 C.F.R. Part 516...

Must My Business In New York Make Unemployment Insurance Contributions To New York With Respect To Out-Of-State Employees?

Unemployment insurance is temporary income for workers who lose their jobs through no fault of their own; are ready, willing and able to work; and have earned sufficient compensation during a specified period of time in covered employment. When an individual performs all of his services within the...

  • 07-02-2012 | 14:43 PM
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May My Company In New York Pay Its Employees In Sweat Equity Instead Of Cash?

Many individual owners of closely held businesses want to hire an employee for the business, but lack the cash flow to do so. Periodically, owners of a cash-strapped, closely held business in New York, who want the business to hire a worker, will ask me whether, instead of paying the worker the minimum...

Rewarding Wage Theft

Many banquet halls and catering establishments require customers to pay an additional "service charge," often around 20 % of the total cost. Can the establishments simply pocket the money or does this "service charge" belong to the servers? In New York the current law is clear. Section...

May My Company In New York Make A Deduction From An Employee's Wages To Recoup An Earlier Overpayment Of Wages?

From time to time, because of a mathematical or administrative error by the employer, an employer will, for one or more payroll periods, pay wages to an employee in excess of what the employee has earned. Periodically, owners of a business in New York, who have overpaid an employee for an earlier payroll...

Does an Employer in New York Receive Credit Toward the Minimum Wage for the Value of an Apartment Furnished to an Employee in a Residential Building?

In New York City, it is common for the owner of a residential building to furnish the building's superintendent and the superintendent's family with an apartment to live in, rent free. This practice raises the question: In New York State, does an employer receive credit toward the minimum...

Which New York Employment Laws Apply to My Small Business?

Potential clients often ask me questions along the lines of: "My company is just a small employer. Does this [New York State or New York City] statute apply to me?" That is, prospective clients often inquire whether, in light of the number of workers that their businesses employ, their...

Over the Next Three Years, New York Raises the Minimum Wage to $9.00 Per Hour

On March 29, 2013, New York Governor Andrew Cuomo signed into law a state budget for the 2013-2014 fiscal year, N.Y. State Senate Bill S02607D , N.Y. State Assembly Bill No. A03007D ("the Act"). The Act includes a provision, Part P, which, over a period of three years, raises New York State's...

Duane Morris Alert: New York DOL Releases Proposed Wage Deduction Regulations

Employers should take comfort that the DOL has provided guidance on how to make deductions for salary advances and overpayments, which have been legal since November. Last summer, the New York Legislature passed legislation that amended Section 193 of the New York State Labor Law and greatly expanded...

Cuomo Cracks Down on Payday Lenders

New York Gov. Andrew Cuomo (D) and his administration's top financial regulator issued letters to 35 online payday lenders warning them to stop issuing loans that violate state or local usury laws. The order came after a state Department of Financial Services investigation revealed some of the lenders...

New York City Enacts Statute Requiring Employers To Provide Reasonable Accommodation For Pregnancy And Childbirth

Effective January 30, 2014, a new statute in New York City requires employers to provide reasonable accommodation to the needs of an employee for her pregnancy, childbirth, or related medical condition. It is an affirmative defense “that the person aggrieved by the alleged discriminatory practice...

New York Employers - Don't Forget to Give Yearly Wage Notice to Your Employees

I received a helpful reminder today from my friends employment attorneys Joseph Harris and Evan White at White Harris PLLC that all New York private sector employers must give an annual written notice of wage rates to their employees. The deadline is February 1st. The New York Department of Labor has...

New York City Council Passes Bill Requiring Businesses With Five or More Workers to Provide Paid Sick Leave

On February 26, 2014, the New York City Council, by a vote of 46 to 5, passed a bill, Int. No. 1-A-2014 (the “Bill”) , amending the New York City Earned Sick Time Act to provide that effective April 1, 2014, among other revisions, employers in New York City which employ five to 14 employees...

Mayor Signs Executive Order Raising New York City Living Wage

On September 30, 2014, New York City Mayor Bill de Blasio signed an executive order, Executive Order No. 7 (the “Executive Order”) , requiring companies or individuals who receive, from the City of New York or from a City economic development entity, financial assistance of one million dollars...

What Are the Elements of Breach of Fiduciary Duty in New York?

In New York, “In order to establish a breach of fiduciary duty, a plaintiff must prove the existence of a fiduciary relationship, misconduct by the defendant, and damages that were directly caused by the defendant’s misconduct.” Kurtzman v. Bergstol , 40 A.D.3d 588, 590, 835 N.Y.S.2d...

New York Wage Board Recommends $7.50 Hourly Wage for Tipped Workers

by Ryan Duffy Under a proposal recommended by the state’s Wage Board on Friday, January 30, 2015, tipped workers in New York state, including restaurant servers and hospitality workers, would have their minimum hourly wage increased to $7.50 per hour before tips. If approved by the commissioner...

State Net Capitol Journal: Cuomo Pushes to Raise NY Minimum Wage

New York Governor Andrew Cuomo (D) kicked off a statewide tour last week to promote his plan to raise the Empire State minimum wage to $10.50 per hour, which he said would lift 100,000 workers out of poverty and produce a $3 billion annual boost to the state’s economy. Cuomo signed legislation...

NYC Council Votes to Sharply Restrict Employer Use of Criminal Background Checks

by Christopher Collins On Wednesday, June 10, 2015, the New York City Council approved a bill that will strictly regulate how employers in New York City (with at least four employees) may conduct criminal background checks. Mayor Bill de Blasio is expected to sign the bill, which will go into effect...

New Law Restricts Ability of Employers in New York City to Ask Job Applicants If They Have Criminal Records

On June 29, 2015, New York City Mayor Bill DeBlasio signed, into law, the New York City Fair Chance Act, Local 63 of 2015 (the “Fair Chance Act,” the “NYCFCA,” “Local Law 63″ or the “new Law”) , which takes effect on October 27, 2015. The Fair Chance Act...

Lawyers Who Review Documents May Be Eligible For Overtime Pay, Says Federal Appellate Court

On July 23, 2015, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP , No. 14-3845 (2d Cir. July 23, 2015) , the U.S. Court of Appeals for the Second Circuit, reversing the U.S. District Court for the Southern District of New York’s order dismissing the plaintiff contract lawyer’s putative...