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New York Employment Law

New York Employment Law Blog

How to handle employee relationships

On behalf of Egan Law Firm, LLC on Friday, February 23, 2018

It isn’t uncommon for employees from the same company to begin romantic relationships with each other. However, employers in New York and around the country are taking steps to ensure that the business is protected if the relationship goes bad. For instance, some companies are asking employees to sign documents saying that each party consented… Read more »

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How employers should deal with workplace harassment

On behalf of Egan Law Firm, LLC on Monday, February 19, 2018

Companies in New York can take steps to protect themselves against harassment suits by strengthening their anti-harassment policies in a number of ways. For example, a policy should clearly state that reports can be made not just by people who are harassed but by those who witness harassment as well. Furthermore, employees should understand that… Read more »

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How employers can approach sexual harassment issues

On behalf of Egan Law Firm, LLC on Tuesday, February 13, 2018

Some New York employers might have an issue with sexual harassment in the workplace and not realize it. According to the results of one survey conducted by CareerBuilder, almost three-fourths of people who are sexually harassed at work never report it. This failure to report harassment can ultimately hurt the employer. A pattern of misconduct… Read more »

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Court says that workweeks can be used for FLSA calculations

On behalf of Egan Law Firm, LLC on Friday, February 9, 2018

The Fair Labor Standards Act requires most employers in New York and around the country to pay their workers at a rate at least equal to the federal minimum wage, but the landmark 1938 law does not provide clear instructions for calculating wages and hours. Several federal courts have ruled that employers may base these… Read more »

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New workplace rights for 2018

On behalf of Egan Law Firm, LLC on Thursday, February 1, 2018

As sure as that football team from New England always seems to be in the Super Bowl, New York will always have new labor laws. When you’re a smaller employer, you are wearing a number of hats and it can be difficult to keep up with workplace legislation. Here’s an overview of the workplace requirements for 2018:… Read more »

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Labor Department adopts primary beneficiary test for interns

On behalf of Egan Law Firm, LLC on Monday, January 29, 2018

The primary beneficiary test emphasizes a seven-factor test that was first elucidated by the U.S. Court of Appeals for the Second Circuit. It is non-exhaustive and requires all factors to be considered overall, with none being determinative. These factors include the understandings of the parties, the type of training provided, the connection to formal education,… Read more »

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FLSA defense based on failure to mitigate damages

On behalf of Egan Law Firm, LLC on Wednesday, January 24, 2018

The case of a disgruntled ferry boat operator in another state illustrates a potential defense strategy for employers in New York confronted by accusations of retaliatory discharge. Someone citing the Fair Labor Standards Act when suing a former employer could pursue damages that include back pay, front pay while unemployed, legal costs and reinstatement to… Read more »

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Federal appeals court allows arbitration for FLSA claims

On behalf of Egan Law Firm, LLC on Monday, January 22, 2018

A decision from the U.S. Court of Appeals for the 2nd Circuit, which includes New York, has affirmed the legality of employer-imposed arbitration requirements for claims involving the Fair Labor Standards Act. Although a previous ruling from the 2nd Circuit had required court supervision of settlements reached through arbitration, the panel of judges did not… Read more »

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How employers should handle sexual harassment reports

On behalf of Egan Law Firm, LLC on Tuesday, January 16, 2018

With sexual harassment frequently in the news, some employers may wonder if they are taking sufficient measures to protect themselves if an employee alleges that harassment is taking place. There are several dos and don’ts for employers in addressing sexual harassment in the workplace. First, employers need to have a sexual harassment policy. Employees should… Read more »

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Poll finds disagreement on sexual harassment definition

On behalf of Egan Law Firm, LLC on Wednesday, January 10, 2018

Sexual harassment in the workplace has become a major issue with film producer Harvey Weinstein facing allegations and a “me too” hashtag on social media in which people recount their own experiences with being sexually harassed. Among employees, there could be disagreement about what constitutes sexual harassment, and this could lead to problems for New… Read more »

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