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...
New York Lawmakers Seek to Strengthen Worker Protections in Sexual Harassment Claims Continue reading…
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...
Department of Labor Issues Proposal for Joint Employer Regulation Continue reading…
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...
New York High Court Upholds “13-Hour Rule” for Home Health Aides Continue reading…
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...
Should I Sign a Severance Agreement? Continue reading…
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...
In Focus: Employee Handbooks Continue reading…
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...
In Focus: Protecting Your Business From Employee Lawsuits Continue reading…
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...
New York City Fair Workweek Law Is Amended Continue reading…
The #METOO Movement Has Momentum In New Jersey
For as long as employers have settled sexual harassment claims, there have been settlement agreements containing strict non-disclosure or confidentiality provisions designed to conceal those settlements and prevent victims from sharing their stories. The New Jersey legislature is looking to change all that.
Currently pending in New Jersey are two bills which, if...
The #METOO Movement Has Momentum In New Jersey Continue reading…
Is the Non-Competition Agreement I Signed Enforceable?
Many New York employees are asked to sign non-competition agreements when they first accept a job offer or upon receipt of a promotion within the company. Employees who sign a non-compete agreement and later wish to move to a different employer or start their own business may find themselves entangled in a...
Is the Non-Competition Agreement I Signed Enforceable? Continue reading…