Publications

Insights into the middle market.

Labor and Employment Publications

Legal Updates
Articles
  • Update on Potential Changes to the Fair Labor Standards Act
    November 23, 2016

    The much publicized changes to the Fair Labor Standards Act have been enjoined by a federal court judge in Texas and may never take effect.

  • The Truth About Restrictive Covenants: Great Protection; Bad Reputation
    June 16, 2014

    A key employee just resigned, took a thumb-drive containing gigabytes of your company’s confidential information, and is now working for your competitor.  Your customers are being solicited and key employees are receiving job offers enticing them to leave. What would you do?  What could you have done?

  • Businesses With 50 or Fewer Employees are Able to Participate in New York’s Small Business Health Options Program (SHOP)
    January 12, 2014

    As of 2014, under the Affordable Care Act (ACA), an Exchange will be fully implemented and operating in every state.  An Exchange is an organized marketplace designed to help people shop for and enroll in health insurance coverage.  States have the option to implement their own Exchange, or allow the federal government to set up an Exchange in their state.

  • Troubling New NLRB Decision Concerning Temporary Staffing Employees
    January 12, 2014

    In what may be the first decision of its kind, the National Labor Relations Board’s (NLRB) Regional Director in Baltimore determined on June 20, 2013 that a staffing firm’s temporary employees constituted an appropriate unit for collective bargaining and ordered an NLRB election to be held to determine whether the temporary employees wanted to unionize.  

  • The "Wage Theft Prevention Act" Takes Effect
    April 6, 2011

    In the event that your payroll service provider has not alerted you to this important change in the law, please be aware of the following: The New York State Labor Law has been amended (as of April 9) to impose new requirements on employers and to impose greater penalties for violations.  There are three critical parts to the law: (i) Notices for new hires; (ii) Notices for existing employees; and (iii) New information required on paystubs.

  • Employers Beware: Claims Increasing From “Concerted Activity”
    April 1, 2008

    The day-to-day matters addressed by our labor and employment group often allow us to spot emerging trends before they become mainstream. One such issue involves claims brought byemployees who have been disciplined after engaging in “protected and concerted activities.”

  • The Hidden Dangers of Wage And Hour Claims For Staffing Companies
    September 1, 2007

    One of the hottest developing areas in Employment Law is also one of the most dangerous for employers and those involved in setting employees’ terms and conditions of employment. While Professional Employer Organizations (PEO’S) that administer the payrollpractices of employers are particularly vulnerable, traditional staffi ng companies are also at risk of being accused of being a joint employer responsible for failure to properly pay overtime and minimum wages to employees.

  • Employers Beware: New Law Restricts Use of Social Security Numbers
    June 1, 2007

    A new law that takes effect on January 1, 2008 is designed to combat the growing problem of identity theft by restricting the use of social security numbers (“SSNs”). Whether the “New York Social Security Protection Law” (“SSPL”) law accomplishes its goal remains to be seen, but our immediate concern is to ensure that our clients are mindful of their new obligations.

  • Does An Employee With a Complaint Have a “License to Misbehave”?
    September 1, 2006

    As attorneys who routinely defend and counsel employers in connection with claims of sexual harassment and employment discrimination, we have seen it time and time again—a poor performer, on “thin ice” already, goes to management and claims to have been sexually harassed or discriminated against by a supervisor.