by Stephen D. Hans | Nov 4, 2013 | Employment Law
Author: Stephen D. Hans Employment law can be complex and confusing for both the employer and the employee. Following, are frequently asked questions concerning employment matters: Is an employer required to give a reason for firing or laying off an employee in New York? New York Employment Law does not require an employer to tell an employee why he or she is being fired or laid off. Must an employer have cause to fire his or her employee? An employee can be fired by an employer for any reason or no reason, providing it does not violate anti-discrimination laws. Does an employee have a right to a copy of their personnel file? Typically, unless state or local law state otherwise, an employee has no right to his or her employee file and an employer does not have to provide it. Are employers required to provide health insurance, sick leave, or vacation pay to his or her employees? Although many employers offer such benefits, an employer is not automatically required to provide them. However, the Affordable Healthcare Act does affect healthcare benefit requirements for larger companies with 50 employees or more. Can an employer eliminate employee benefits? Benefits such as vacation pay that has already been earned cannot be taken away from an employee – however, an employer can change its benefits policy going forward at any time. Is an employer required to give severance pay to a fired employee? Unless an employer has an established policy or practice of giving severance pay upon termination, it is not required. Get your questions answered by a NY employment law attorney Running...
by Stephen D. Hans | Aug 27, 2013 | Employment Law
On June 26th the Supreme Court ruled that DOMA’s exclusion of state-sanctioned, same-sex marriages from the federal definition of marriage is unconstitutional in United States v. Windsor. This decision has now changed the rules on how employers administer health and benefits in states that recognize same-sex marriage. Though only thirteen states and the District of Columbia currently permit same-sex marriage, employers may want to consider making changes to their benefit plans anyway. It is possible that in the near future, other states will sanction same-sex marriages and getting ahead of the trend could in the long run, create improved employee relations, and provide administrative simplicity. Changes in benefits in states that recognize same-sex marriage Before Windsor, offering special enrollment under HIPAA to a same-sex spouse was the employer’s decision, now employers are required to offer special enrollment to a same-sex spouse who is eligible for HIPAA coverage. Before Windsor, employers were not required to offer COBRA to an employee’s same-sex spouse or the children of a same-sex spouse enrolled in coverage under group health plans. Since the Supreme Court’s decision, however, employers are required to offer an employee’s same-sex spouse and children independent COBRA election rights to continue coverage under group health plans. Other plans and benefits that are affected by the recent decision include health savings accounts and dependent care assistance. Cafeteria plans, however, for the time being remain intact and are not subject to changes at this time. Discuss your healthcare and benefit plans with a NY employment law attorney Landmark legal decisions have a huge impact on society and also often greatly affect how a company...
by Stephen D. Hans | Oct 8, 2012 | Employment Law, Sexual Harassment
Author: Hans & Associates, P.C. While wage and hour violations are a common target for litigation in the restaurant industry, so is sexual harassment. Recently, a New York chef and restaurant owner became the high profile target of a blog that accuses him of sexual harassment. This is not the type of publicity any restaurant owner would want. According to the New York Daily News , 22 former female workers of Juventino, a gourmet Fifth Avenue restaurant in Brooklyn have created a blog article that describes their hostile work experiences. They allege that the restaurant owner, Juventino Avila abused them through hostile comments and sexual advances. The purpose of the blog is to expose a restaurant culture that condones sexual harassment. The blog describes abusive treatment as an industry attribute that women accept because they want to keep their jobs. Only one of the bloggers actually intends to take legal action against the restaurant owner. Restaurant owners who work with an attorney can learn about industry pitfalls and how to avoid them and protect their businesses. Defending against sexual harassment is common within the restaurant industry. Of course the best defense is understanding what constitutes sexual harassment and having business policies in place that owners and workers alike must abide by. Restaurant owners also are responsible for seeing that their employees do not sexually harass other employees. Stephen Hans of Hans & Associates, P.C. is a New York employment defense lawyer who works with small and medium-sized businesses in the Queens and New York City area. Providing more than three decades of legal experience, he defends his clients’ rights...
by Stephen D. Hans | Sep 27, 2012 | Employment Law
Author: Hans & Associates, P.C. The United States District Court, Southern District of New York certified a class action suit brought by more than 100 current and past employees against Adrianne’s Pizza Bar. In the case, Marcel Mendez v. Pizza on Stone, LLC (d/b/a Adrianne’s Pizza Bar) the plaintiff, Marcel Mendez alleged that the restaurant failed to record work hours and pay minimum wages, overtime, and spread of hours. Spread of hours refers to a New York law that requires employers to pay workers an additional hour of pay when they work over 10 hours, as in a split shift. Mendez worked at the Manhattan pizzeria for five years as a delivery worker. His attorney entered a motion for summary judgment regarding certification as a class, and the defense argued that delivery workers and on-site restaurant staff were different classes based on the different nature of their work. The judge disagreed, and because the lawsuit applied to more than 100 workers working at the pizzeria from 2005 to 2011, this criterion also satisfied certification requirements for a class action lawsuit. Until 2010, the restaurant owners had paid delivery employees salaries but had not kept records of hours worked. The restaurant’s lack of records violated New York laws, which the judge also pointed out in the ruling. If you are a restaurant owner, it is important to understand and comply with state and federal employment laws so you avoid potential disputes and lawsuits such as this one. Hans & Associates, P.C. works with small and medium-sized restaurant owners throughout New York City to help them comply with laws and protect...
by Stephen D. Hans | Jul 11, 2012 | Employment Law
During the summer, teenagers may be a good resource pool for employers looking to fill temporary work positions. Recreational parks, lakes, swimming pools, and other facilities that cater to people in warmer weather often hire teenagers as lifeguards or to work in concession stands. However, employer must be aware that individuals under the age of 18 are subject to different New York employment laws. Employers must also adhere to the Fair Labor Standards Act that governs child labor nationwide. The New York State Department of Labor requires minors (youth under age 18) to obtain employment certificates, sometimes referred to as working papers. Minors who work for their parents and who do industrial homework must also obtain employment certificates. Different types of employment certificates apply, such as: AT-18 certificates are for youth from the ages 14 to 15. They cannot work in factory or construction environments or handle machinery or chemical processes. AT-19 certificates are for youth from ages 16 to 17. This older age group has fewer limitations and may work in a factory but not handling certain machinery. AT-20 certificates are for 16 and 17 year olds who apply for fulltime work during vacation or who are leaving school. AT-23 is a special type of working certificate for children from ages 11 through 17 who work as newspaper carriers. They must follow the schedule rules, which limit working hours to four hours during a school day and five hours on a non-school day. Other restrictions also apply. As an employer, you need to comply with working certificates and other New York and federal employment laws or you could...
by Stephen D. Hans | Dec 13, 2011 | Employment Law
Author: Hans & Associates, P.C. New York restaurant owners are subject to numerous NY statutes that regulate minimum wages, tip allowances, overtime work, uniforms, meal allowances and rates for spread of hours (days exceeding 10 work hours). With the passage of New York’s recent Wage Theft Prevention Act in 2010, lawsuits against NY restaurant owners are on the rise, with class actions brought against large restaurant chains, but also lawsuits against mid-sized and small restaurant owners. According to a New York Post article in September, 2011, tip lawsuits have driven some restaurants out of business. Over the past few years, one law firm handling employee plaintiff cases has settled nearly $30 million handling tip and wage complaints. A heavily regulated industry While daily restaurant operation presents its own challenges, requiring owners to keep down food costs and other expenses to stay profitable, the Restaurant Industry Minimum Wage Order CR 137 presents restaurant owners with numerous regulations. Employers must keep extensive records for six years for each employee that detail: Occupational classification Gross wages Wage deductions Allowances (tip, meals, etc.) Student classification with statements from schools Cash paid Uniform laundering/maintenance Wage statements provided to employees Like it or not, regulatory compliance is a cost of doing business. Restaurant owners must comply with employee wage laws while keeping their restaurants financially afloat. Working with a knowledgeable certified professional accountant (CPA) and experienced New York employment attorneys in Long Island City can help restaurant owners stay out of legal trouble and protect their bottom...
