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Periodically, your business in New York will want or need to terminate a worker’s or workers’ employment.  Beginning well before such terminations, and throughout the working relationship, your company in New York must manage workers’ performance and misconduct in a manner that is likely to lessen the risk of lawsuits for wrongful termination. So, too, your business in New York…Read More

On April 12, 2018, New York State Governor Andrew M. Cuomo signed, into law,  a state budget for the 2018-2019 fiscal year, N.Y. State Senate Bill No. S07507C, N.Y. State Assembly Bill No. A09507-C ("the Act" or "the new law"). The Act includes a provision, Part KK, aimed at preventing sexual harassment in the workplace.  Among other things, the Act…Read More

On May 9, 2018, New York City Mayor Bill de Blasio signed, into law, the Stop Sexual Harassment in NYC Act, Local Laws 92, 93, 94, 95, 96, 97,  98, 99, 100, 101 and 102 (the "NYCSSHA" or the "Act"), a group of eleven bills intended to prevent sexual harassment in the workplace. Among other things, the Act requires most…Read More

On January 18, 2018, New York City Local Law 59 of 2018 ("Local Law 59" or the "new Law") became law.  Effective October 15, 2018, Local Law 59 of 2018 amends the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101 - 8-131 (the "City Human Rights Law" or the "NYCHRL"), by creating an independent cause of action,…Read More

On November 20, 2017, in Chauca v. Abraham, an employment discrimination case, the New York Court of Appeals, New York State's court of last resort, held that, under the New York City Human Rights Law, N.Y. City Admin. Code §§ 8-101 – 8-131 (the "City Human Rights Law" or "NYCHRL"), "a plaintiff is entitled to punitive damages where the wrongdoer's…Read More

On November 6, 2017, New York City Mayor Bill de Blasio signed into law a bill, Local Law 199 of 2017 ("Local Law 199" or the "new law") which amends the New York City Earned Sick Time Act, N.Y.C. Admin. §§ 20-911 - 20-924 (the "Earned Sick Time Act" or "NYCESTA"), to provide that, effective May 5, 2018, employers in…Read More

In New York State, the elements of the tort of interference with contract are "[1] the existence of [a] valid contract with a third party, [2] defendant’s knowledge of that contract, [3] defendant’s intentional and improper procuring of a breach, and [4] damages."  White Plains Coat & Apron Co. v. Cintas Corp., 8 N.Y.3d 422, 426, 867 N.E.2d 381, 835…Read More

In 2016, New York State enacted a bill, N.Y. State Senate Bill No. 3004-A, N.Y. State Assembly Bill No. A. 3870A (the "paid family leave law") which, effective January 1, 2018, requires all private employers in New York State and many public employers in New York State to allow employees to take, and to return to their jobs after taking,…Read More

FINRA Declines To Fine, Suspend Or Disbar Registered Representative In New York Who Falsely Told Her Brokerage Firm That She Had Passed And/Or Taken A Securities License Examination Recently, I was approached by an anti-money laundering associate ("the associate" or "my associate client") who -- while her brokerage firm in New York City was conducting an internal investigation of her…Read More

On May 30, 2017, New York City Mayor Bill de Blasio signed, into law, "Fair Workweek" legislation (collectively, the "new Laws," the "New York City Fair Workweek Laws," the "Fair Workweek Laws," or the "NYCFWWLs") which, effective November 26, 2017, substantially limits retail employers' and fast food establishments' discretion in scheduling work shifts for their employees. More specifically, these five…Read More