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
Employee Salary Histories
Can Employers Ask Employees About their Salary History?
On May 4, 2017, the New York City Council passed a bill that limited what an employer can ask job candidates about their salary history, compensation history and other past benefits when interviewing them for a job. The law went into effect on October 31, 2017.
The National Law Review explains that new law was part of the New York City Human Rights Law. What this means for employers is that violations are subject to compensatory damages, which could include back pay, front pay, punitive damages, attorneys’ fees, emotional distress, etc.
How Does the New York Compassionate Care Act Affect Employers?
The New York Compassionate Care Act (NYCCA) protects patients who are certified to use medical marijuana from being subject to criminal or civil marijuana charges. We live in an age where some states view marijuana as a legitimate medicine for individuals with certain types of diseases while they are being treated under a doctor’s care. Individuals with such diseases are also viewed as disabled, and employers are prohibited from discriminating against them because of their disability based on the ADA (Americans with Disabilities Act).
More About Employee Wage Deductions
As an employer, have you ever wondered if a wage deduction you made was legal? New York Labor Law establishes what is legal and what is not for wage deductions. If you have questions, it is always wise to seek legal counsel from an experienced employment law defense attorney.
The NY legislature passed an amendment to NY Labor Law 193 Deductions from Wages in October 2015. The amendment went into effect on November 6, 2015 and expires on November 6, 2018, unless the legislature renews it. Two main features of the amendment are allowing employers to deduct for over payments and salary advances.
Restaurant Industry: FAQs about Tips
Owners in the restaurant industry often have questions about tips. As a restaurant owner, it’s important to know your rights and responsibilities regarding tips so you can avoid disputes with employees and not put your business at risk.
The Fair Labor Standards Act (FSLA), which is federal law, and the New York Labor Law (state law) determine how restaurant owners must deal with tips.
In the past, people paid restaurant bills with cash, but today credit cards are a popular and common form of payment.
New York Wage and Hours Law: Wage Deductions and Payroll FAQs
New York employment laws dictate how employers must pay employees, and extensive information is available about Wage and Hours laws that require employers’ compliance.
According to the New York Department of Labor, employers frequently ask the following two questions about wages.
What information must an employer’s payroll records contain?
Employers’ payroll records must show information for each week an employee works. Records must show the following: