Blogs

 

12.11.2019

There is no generally affirmative duty under New York law to disclose or not disclose information about disciplinary action against employees and ex-employees. Exceptions exist in the education, medical, childcare, police fields among others. Most private employers are free to choose what to disclose or not about disciplinary action. Regarding current employees, the best practice from a human resources perspective has been and continues to be that disciplinary information be kept to a relatively small number of other employees/managers that have a need to know about it.

12.10.2019

If you have manual workers on your payroll, ensure they are all paid with the frequency required under the law. 

11.15.2019

If you own a vacation home in your name individually or will acquire one by purchase or inheritance in the future, it is important to consider the ownership option that works best for you.  While there are many ways to own a vacation property, there are numerous benefits of owning a vacation home in the name of a limited liability company (LLC), some of which are set forth below:

 

Liability Protection

11.15.2019

A new Senate bill proposes removing the restriction on married co-workers’ ability to take time off to care for newborn or adopted children, parents, or military family members under the FMLA.  The FMLA provides job protected, unpaid leave for employees for certain purposes, such as the birth or adoption of a child, or to care for a sick family member.   Employees may take up to 12 weeks of leave during a one-year period.  Currently however, there is statutory language that only allows spouses to take a total of 12 combined weeks of leave.

11.12.2019

The fluctuating workweek half-time overtime option has been available for many years under federal law as a way for employers to reduce their overtime costs for employees who work different hours each week. The option requires that the employee be paid a fixed minimum amount weekly regardless of the number of hours worked. Then, if that number of worked exceeds 40, the employer may pay overtime on a half-time of the regular rate of pay basis (determined each week overtime is worked).

10.25.2019

NY passed a new law this year that applies to employees that are victims of domestic violence.  This law requires employers to provide victims reasonable time off from work to seek medical attention for himself or herself for the injuries caused by domestic violence, to receive services from a domestic violence shelter or program or a rape crisis center, to obtain psychological counseling, to participate in safety planning or other activities to increase the victim’s safety in the future, to receive legal services, assist in the prosecution of the perpetrator, or to appear in court in rela

10.22.2019

The Internal Revenue Service recently issued Revenue Ruling 2019-24 (https://www.irs.gov/pub/irs-drop/rr-19-24.pdf), providing the first IRS guidance on tax issues relating to cryptocurrency since the March 2014 release of Notice 2014-21.  Along with the release of Rev.Rul 2019-24, the IRS issued a number of “Frequently Asked Questions” pertaining to the tax treatment of certain cryptocurrency transactions, which are available on the IRS website.

10.09.2019

Observers noted a sharp divide among the United States Supreme Court Justices during oral argument of three cases before them on October 8, 2019. At issue before the Court was whether the prohibition against discrimination on the basis of “sex” in federal Title VII includes protection from discrimination for the LGBTQ community.

09.30.2019

The federal government has announced the new salary requirements for employees to be exempt from overtime pay under federal law.  The new salary threshold is $35,568 annually or $684 weekly.

09.17.2019

Historically, gig workers (think Uber drivers, InstaCart, Doordash) have been classified as independent contractors, allowing companies to avoid having to pay benefits or minimum wage and overtime.  This may change sooner than you think.  Just last week, California got one step closer to making it harder for companies to classify these individuals as independent contractors.  While the bill still must be signed into law, experts believe that this is inevitable.  New York Gov.

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