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 Are Today’s Employment Perspectives Regarding Aging Workers?
For employers who experience a lack of skilled, qualified workers, an older worker often solves the problem. Economically, the nation stands to benefit from keeping older workers employed longer because doing so leads to greater income production and more tax revenue.
The Aging Workforce: What to Expect and the State of Age Discrimination
How Extensively Has Age Discrimination Changed in the Past 50 Years?
Most employers are aware of the ADEA (Age Discrimination in Employment Act) passed in 1967. The law has been in existence for decades. What many employers may not be aware of is the fact that age discrimination continues to be an issue, and in some cases a growing issue. How likely are you to be sued for age discrimination? Are the statistics on your side or against you?
Consider the following facts reported this year by the EEOC in a statement about the state of age discrimination and older U.S. workers.
What Employers Should Know About Retaliation Claims
Retaliation Claims May Include Emotional Distress Damages
A precedent has been set in relation to retaliation claims brought against employers.
Two courts of appeals, the Sixth and Seventh Circuit Court of Appeals had both ruled that employees have the right to recover for emotional distress damages in retaliation claims brought under the Fair Labor Standards Act (FSLA).
The National Law Review reported that a third court, the Fifth Circuit Court of Appeals also delivered the same ruling regarding damages for emotional distress.
What Are the Case Details in This Third Ruling?
Guidelines for Classifying Workers as Independent Contractors or Employees
Why is worker classification important?
If a worker is an employee, you as the employer must withhold income taxes and pay Social Security, Medicare taxes and unemployment tax on the wages paid to the worker. Workers who are independent contractors are responsible for paying their own Social Security and Medicare taxes, which is called self-employment tax. The employer pays half of the employee’s self-employment tax and the employee pays the other half. Independent contractors pay the full amount of self-employment tax themselves.
What Factors Determine Whether a Worker is an Independent Contractor or Employee?
According to the IRS website, the three main factors that help an employer decide whether a worker is an employee or independent contractor are:
Behavioral control
Financial control
Relationship
Misclassifying Workers as Independent Contractors
How Would Your Small Business Fare with the IRS for Worker Status?
Did you know that misclassifying workers is one of the top problems that small business owners face? Many small businesses hire independent contractors as part of running their businesses and delivering services or products. It is vital for employers to ensure that they classify workers correctly.
What Can Happen as Result of Misclassifying Workers as Independent Contractors?