If you are an independent contractor in New York City, your employer may ask you to sign a non-compete agreement or a non-compete clause may be included in your employment contract. Because signing a non-compete agreement can affect your employment status as an independent contractor and limit your ability to find new...
Category: Employment Agreements
Are Non-compete Agreements Enforceable During the COVID-19 Pandemic?
While the long-term impact of the COVID-19 pandemic on the employment landscape remains to be seen, a key concern for employers at this juncture is the enforceability of previously agreed upon non-compete agreements. In short, employees who have been rehired or recalled may no longer be bound by post-employment restrictive covenants signed...
New York Courts Continue to Limit Employee Noncompetes
New York courts often refuse to enforce noncompete agreements. Most recently, in Flatiron Health v. Carson, the U.S. District Court for the Southern District of New York ruled that an employer’s restrictions on a former employee were unenforceable. Despite the fact that courts continue to limit employee noncompetes, it takes
New York Lawmakers Seek to Strengthen Worker Protections in Sexual Harassment Claims
New York legislators, spearheaded by Assemblywoman Aravella Simotas, amended the New York State Human Rights Law, broadening its scope to better protect employees. Most notably, it eliminates the requirement that workplace harassment be proven “severe or pervasive” enough to have a valid claim and eliminates the Farager/Ellerth Defense. If you have been...
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Department of Labor Issues Proposal for Joint Employer Regulation
On April 1, 2019, the Department of Labor (DOL) announced a proposed rule clarifying regulations regarding joint employer status under the Fair Labor Standards Act (FLSA). Some observers believe this is a rollback of regulations that had previously been proposed by the DOL under the Obama administration.
In any event, the proposed rule is particularly...
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New York High Court Upholds “13-Hour Rule” for Home Health Aides
In a highly anticipated ruling, the New York Court of Appeals recently upheld the Department of Labor’s 13-hour rule governing home health aides who work shifts of 24 hours or more. The high court reversed two appellate division rulings overturning the rule, which is seen as a victory for the state’s home...
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Should I Sign a Severance Agreement?
If you are terminated, laid off or resign from your job, you may be asked to sign a severance agreement. Before doing so, you should consult an experienced employment law attorney to ensure that your rights are protected.
What is a severance agreement?
A severance agreement is a contract between an employer and employee clarifying...
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In Focus: Employee Handbooks
In the contemporary workplace, it is crucial for employers to clearly define their policies with respect to their employees. By creating a formal employee handbook, you can clarify the employer-employee relationship and protect your business in the event of a legal claim. The best way to design handbook tailored to your...
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In Focus: Protecting Your Business From Employee Lawsuits
As the contemporary workplace continues to evolve, it is crucial for employers to understand their rights and obligations under state and federal employment laws and to establish policies and procedures that clarify their relationships with employees. By working with the right employment law attorney, you can protect your business from employee...
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New York City Fair Workweek Law Is Amended
On July 18, 2018, New York City's Temporary Schedule Change amendment to the Fair Workweek Law became effective on July 18, 2018.
Under the Fair Workweek Law, most New York City employers are required to permit a covered employee to make a temporary change to the employee's work schedule for up to two business days...
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