by Stephen D. Hans | Sep 15, 2024 | Employment Defense Attorney, Employment Defense Counsel
Tool Identifies Employers in Five Boroughs Who Have Violated Labor Laws Looking to put a spotlight on those employers throughout the five boroughs who have engaged in unfair labor practices, New York City Comptroller Brad Lander has created a searchable online dashboard identifying companies who have run afoul of the law over the last five years. The digital tool includes an annual “Wall of Shame,” which lists the most egregious labor law violations. The site, which can be searched by both the name of the employer and the type of violation, draws data from government agency investigations. Among the infractions that have earned NYC employers a spot on the wall are: The use of coercion and unfair retaliation by a nationally known restaurant chain against employees seeking to exercise their legal right to form a union. The same employer was cited for violating New York’s Fair Workweek and Paid Safe and Sick Leave laws. Over 150 violations by an online business, from illegal interference with efforts to unionize to bad faith bargaining. The company was also fined for misclassifying employees as independent contractors. Wage and hour violations by one of the world’s largest rideshare companies, which had illegally forced drivers to assume the costs of sales taxes (to the tune of $290 million). A sexual harassment claim against a world-renowned fashion designer, which resulted in one of the largest civil settlements of 2023 Back-to-back OSHA violations by a roofing company that was found to have failed to provide proper fall protection at residential construction sites in New York City Let Stephen Hans & Associates Help You Avoid Employment Law...
by Stephen D. Hans | Jun 4, 2024 | Employment Defense Counsel
Employer Obligation to Terminate in 2025 In the wake of the COVID pandemic, New York legislators passed a law compelling employers to allow employees to take a specified amount of paid sick leave if they were under a mandatory or precautionary order to submit to quarantine or isolation because of exposure to or a positive test for COVID-19. The statute allows for up to 14 days of paid, job-protected time off to persons under a quarantine order who do not have the ability to work from home. The paid sick leave under the law is in addition to any other paid time off an employee may accrue, whether as family leave or through a disability claim. The paid leave under the law is also unrelated to eligibility for FMLA (Family and Medical Leave Act) and ADA (Americans with Disabilities Act) leave. In light of the recent decision by the Centers for Disease Control (CDC) to no longer recommend a five-day period of isolation subsequent to a positive COVID test, legislators have faced pressure to repeal the paid time off requirement. Legislators have responded, amending the law to set July 31, 2025 as the date that the law will no longer be effective. Until that date, however, all provisions of the law remain fully in force—employers must strictly comply with all provisions of the Paid Emergency Leave Act. Employers must continue to comply, as well, with all relevant provisions of the state’s paid sick leave laws, which allow employees to take sick leave for their own or a family member’s COVID diagnosis or exposure. Let Stephen Hans & Associates Handle...
by Stephen D. Hans | Dec 14, 2023 | Employment Defense Counsel, Separation Agreements in New York
Legislature Amends Requirements for Confidentiality in Settlement or Separation Agreements New York lawmakers have passed an amendment to the General Obligations Law and Governor Kathy Hochul inked the legislation, which went into effect on November 17, 2023. The amendment addresses the issue of confidentiality in settlements or separation agreements involving allegations of discrimination, harassment or wrongful retaliation in the workplace. The Changes Imposed by the Amendment to the General Obligations Act Under the law as it previously existed, a person who sought to maintain confidentiality in the settlement of a workplace discrimination, harassment or retaliation claim had to meet three specific criteria: They must have attested that they preferred the terms of the agreement to remain confidential The terms of the confidentiality agreement must be in a totally separate document from the settlement agreement There was a 21-day-waiting period before the confidentiality agreement could be signed, and the signature could be withdrawn or rescinded within 7 days The amendment makes a number of significant changes: The 21-day waiting period may be waived (though there’s still a 7-day revocation period) The law has been expanded to include independent contractors who were subject to discrimination, harassment or retaliation at work The provisions of the confidentiality agreement will not prohibit the injured party from disclosing information to the New York Attorney General Any release of claims will be void if: The release contains any language stating that there was no discrimination, harassment or retaliation The agreement mandates payment of a specific amount of damages for breach of the nondisclosure agreement The agreement calls for the forfeiture of all or any portion of...
by Stephen D. Hans | Nov 10, 2023 | Employment Defense Counsel
Proven Counsel to Small-to-Medium Businesses in Throughout the NYC Metro Setting up, building and operating a successful business doesn’t just happen. It takes hard work, attention to detail, careful planning and teamwork. That’s always been our approach at Stephen Hans & Associates. Protecting the Rights of Employers in the NYC Metro Area for More than 40 Years Since 1979, the employment lawyers at Stephen Hans & Associates have protected the legal rights of small-to-medium-sized businesses throughout the five boroughs of New York City. We focus our practice on the needs of business owners, handling all matters related to: Labor disputes Employment law controversies Employment law investigations by state and federal governmental agencies We are skilled and experienced trial attorneys with extensive knowledge about matters related to: Allegations of discrimination or harassment in the workplace—We handle all types of Equal Employment Opportunity Commission (EEOC) proceedings, as well as complaints before the New York State Division of Human Rights and the New York State Commission on Human Rights. We also represent employers in discrimination and harassment litigation in state and federal courts. Wage and hour matters—We have represented employers in litigation involving minimum wage and overtime issues, including the defense of individual employee and class action lawsuits Retaliation and whistleblower actions—We have protected the rights of business owners in lawsuits alleging wrongful retaliation Union grievances—We represent management in disputes involving employee grievances, as well as allegations of unfair labor practices In addition to our trial practice, we advise and consult business owners and employers regarding a wide range employment law and human resources issues, such as the development and implementation of...
