New York Employment Law
New York Employment Law Blog
On behalf of Egan Law Firm, LLC on Thursday, November 16, 2017
In October 2017, the Department of Labor created a proposal that would rescind a 2011 rule related to tip pooling. That rule forbids employers in New York and other parts of the country from forcing workers who aren’t paid minimum wage from sharing tips with those who typically don’t receive them. The proposal from the… Read more »
Continue reading Changes may be coming to tipped pooling rules...
On behalf of Egan Law Firm, LLC on Wednesday, November 15, 2017
Whenever the minimum wage increases, small businesses tend to take the biggest hit. Finding where that extra money will come from isn’t easy. Thanks to New York’s minimum wage law, which first went into effect last year, wages increase for the next four years until they reach $15/hour (or $10/hour for a tipped wage). On December… Read more »
Continue reading Prepare for the annual minimum wage increase...
On behalf of Egan Law Firm, LLC on Thursday, November 9, 2017
Employers in New York are usually quite aware of anti-discrimination laws. In response, workplace management often establishes procedures that can prevent bias from taking place during hiring, advancement and retention practices. In some cases, however, an applicant or employee may still perceive an injustice and file a lawsuit or complaint against the employer. In one case decided… Read more »
Continue reading Bad interviews and discrimination lawsuits...
On behalf of Egan Law Firm, LLC on Tuesday, November 7, 2017
In New York, both public and private employers are covered by the Fair Labor Standards Act. There are differences between how the law applies, however. It is important for employers to understand the rules for their particular types of businesses so that they can avoid potential liability. Private employers that meet the enterprise test are covered… Read more »
Continue reading The FLSA and how it applies to public and private employers...
On behalf of Egan Law Firm, LLC on Friday, November 3, 2017
Employers in New York and across the United States are prevented by federal law from discriminating against employees on the basis of race, sex, age, religion and some other factors. However, some employers may engage in perfectly legal behavior that could be perceived as discrimination. Companies can protect themselves against unfair charges of discrimination by… Read more »
Continue reading How employers can guard against charges of bias...
On behalf of Egan Law Firm, LLC on Wednesday, October 25, 2017
Title VII of the Civil Rights Act protects employees in New York and around the country from employers’ retaliatory acts after reporting violations, like sexual harassment. An employer, however, must intend that actions punish someone for lawful conduct before suffering liability for retaliation. In a recent 4th Circuit case, the Court held that to hold… Read more »
Continue reading Court sides with employer in Title VII retaliation case...
On behalf of Egan Law Firm, LLC on Thursday, October 12, 2017
If a New York employer selects a candidate for any reason other than his or her qualifications, it could be seen as discrimination. As a general rule, employers are not allowed to discriminate against an applicant based on characteristics such as race, gender or national origin. To avoid discrimination, employers may be well served to… Read more »
Continue reading How to hire with confidence...
On behalf of Egan Law Firm, LLC on Wednesday, October 11, 2017
If a New York worker or any other worker is considered exempt, he or she must receive a set wage each pay period. It is not allowable for an exempt employee to have his or her pay docked because of the quality or quantity of work performed. In other words, an exempt employee must be… Read more »
Continue reading What to know about pay docking...
On behalf of Egan Law Firm, LLC on Wednesday, October 4, 2017
Federal law makes no provision at all for breaks. State law is ambiguous: while employees must be paid for these breaks, employers are not required to provide them. The fact remains that breaks are customary at most places of employment, the reason being that workers who don’t get a few minutes to chill can become… Read more »
Continue reading Rest break rules seem contradictory...
On behalf of Egan Law Firm, LLC on Tuesday, October 3, 2017
Businesses in New York that hire interns usually have to pay those interns for their work, but there are some circumstances under which interns do not have to be paid. Under labor laws, there are six conditions that must be met in order for an intern to be an unpaid worker. A primary difference between… Read more »
Continue reading Rules for hiring unpaid interns...
