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
Pay Equity: What New York Employers Should Know
Pay Equity: What New York Employers Should Know
Equal Pay for Men as well as Women
Pay equity has been a legal issue for some years. Consequently, a number of states have passed laws prohibiting employers from asking applicants about their previous salaries.
Delivery Worker Status in NY: Employees or Independent Contractors?
How should you classify your delivery worker?
As a business owner, you would have to determine delivery worker status in NY when classifying your employees. This is true for restaurant owners and other companies that have delivery services.
The issue in question is whether to classify the worker as an independent contractor or an employee. The NYS Appellate Division heard a case in 2018 that rendered a significant finding regarding this concern.
Details of the Case Ruling on Delivery Worker Status in NY
Previously, in the following case the Unemployment Insurance Appeal Board had ruled that the company owed unemployment insurance compensation to its delivery workers.
McDonald’s Franchise Race Discrimination Case
NYC Job Promotion Salary Information
What employers should know about posting job ads
As of May 15, 2022, NYC job promotion salary information goes into effect. This requirement is the result of an amendment under the New York City Human Rights Law.
NYC Job Promotion Salary Information
How did the new amendment come into being?
The concern was to provide transparency for prospective employees. Another main factor was achieving pay equity.
Overtime Exemption Classification Errors
Are you making mistakes when classifying workers as exempt for overtime?
Overtime exemption classification errors are more prevalent than you might think. The Fair Labor Standards Act (FLSA) sets the parameters for overtime classification and exemption. In addition, some states and local areas have their own laws.
Even so, the U.S. Department of Labor (DOL) determined close to 200,000 employees failed to receive overtime wages under the FLSA in 2021. As a result, the DOL collected $234 million in back wages.