New York Blog — Employment Defense
Labor and Employment Defense
Welcome to the NYC Employment Law Blog! This blog is an online publication of Stephen D. Hans & Associates, P.C., a New York City law firm that has been representing small and mid-sized businesses throughout the New York metropolitan area in all types of employment and labor law matters for over thirty years. We hope this blog will be an interesting and informative resource for our readers, whether they are current or past clients, or simply compliance-minded business owners looking for ways to stay up-to-date with the ever-changing employment law landscape. To that end, we will endeavor to offer regular blog posts highlighting legislative developments, significant court and agency decisions and noteworthy news stories from the employment and labor law realm. We hope that as a reader you will find ours blog enlightening, useful and above all, interesting.
If you are the owner of a small or mid-sized business in New York State and have questions regarding any of our blog posts, or if you would like to consult with us regarding any employment or labor law issues, please feel free to give us a call at (718) 275-6700 or contact us online to schedule an in-person consultation at our offices.
Thank you for visiting our blog and we hope that you check back often!
Sincerely,
Stephen D. Hans & Associates, P.C.
Blogs
What Is the Payroll Audit Independent Determination Program?
Should You Participate in Payroll Audit Independent Determination (PAID)?
The Payroll Audit Independent Determination (PAID) may be a solution for some restaurant owners to deal with wage violations. Even so, it is always wise to get a legal opinion so you can make an informed decision that protects your interests.
How Does PAID Work?
The incentive that PAID offers is that employers can resolve potential overtime and minimum wage violations under the FLSA without resorting to litigation.
The Restaurant Industry and DOL Battle Over Tipped Wage Policy
Tipped Wages? Why Did the RLC Sue the DOL over
On July 6, the Restaurant Law Center (RLC) sued the Department of Labor (DOL) over an enforcement policy that demanded tipped workers must receive full minimum wage under certain circumstances for non-tipped work.
Paycheck Deductions: What Is Legal in New York?
Understanding NY Laws about Paycheck Deductions
Laws vary from state to state regarding deducting for loans or legitimate business losses from an employee’s paycheck. New York has very strict labor laws regarding this, stricter than laws in many other states. In addition, current guidelines have changed from what they were in the past.
Guidelines Regarding NY Paycheck Deductions
New York State Labor Law provides guidelines that list what paycheck deductions are legal.
After receiving notice of all terms and conditions of the payment/benefits and details about the manner in which the deductions will be made, employees must voluntarily authorize the deductions in writing.
Job Termination: How to Avoid Breaking Laws When Firing Employees
Are Your Job Termination Actions Within the Limits of the Law?
Many employers consider job termination to be one of their most difficult tasks. Yet it is often necessary. Taking disciplinary action is generally done prior to firing, and while in some cases warnings are adequate and help avoid job termination, in other instances they are precursors to termination.
How can you ensure your actions stay within the law?
Important Steps to Take to Protect Your Rights as an Employer
What Should You Do If an Employee Sues Your Company?
Guidelines for Dealing with Lawsuits
As the saying goes, knowledge is power, and knowing what steps are important to take when facing a lawsuit can help you take effective and quick action to protect your interests.
Consult with an Employment Defense Lawyer
The first and most important step to take is to review the lawsuit with an experienced employment defense attorney. You can learn more about your legal rights and find out the best way to deal with the lawsuit. Your attorney will have you preserve any documentation or records that relate to the case, which could include the following: