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The New York State Minimum Wage Act, N.Y. Labor Law § 650 et seq., requires that employees in New York be paid at least the New York minimum wage — presently $9.70 per hour to $11.00 per hour, depending on the county and the size of the employer — for all hours worked. New York State sets forth exemptions from…Read More

On May 4, 2017, New York City Mayor Bill de Blasio signed, into law, Local Law 67 of 2017 (“Local Law 67” or the “new Law”), which, effective October 31, 2017, prohibits employers from inquiring about a prospective employee's salary history during all stages of the interview process.  If an employer already knows of a job applicant's salary history, Local…Read More

In my December 12, 2016 post, I explained that, in New York, hostile work environment harassment involves conduct so objectively offensive as to alter the conditions of the victim’s environment, which is subjectively perceived as hostile or intimidating.  Prompt investigation, by companies, of workers' harassment claims is crucial.  This post sets forth guidelines, for employers in New York State, in…Read More

On December 27, 2016, the New York State Department of Labor (the "State Department of Labor" or the "NY DOL") promulgated a new wage order, the Minimum Wage Order for Miscellaneous Industries and Occupations, 12 N.Y.C.R.R. Part 142 (the "Wage Order"), which, effective December 31, 2016 -- depending on the county and the size of the employer -- raises, from…Read More

In my December 12, 2016 post, I explained that, in New York, hostile work environment harassment involves conduct so objectively offensive as to alter the conditions of the victim's environment, which is subjectively perceived as hostile or intimidating.  This post discusses the circumstances in which a company in New York may be held liable (that is, legally responsible) for its…Read More

On November 16, 2016, New York City Mayor Bill de Blasio signed, into law, the New York City Freelance Isn't Free Act, Local Law 140 of 2016 (the "NYCFIFA," the "Freelance Isn't Free Act," "Local Law 140," or the "Act"), which, effective May 15, 2017, greatly strengthens the rights and remedies of independent contractors (also referred to in this article…Read More

Effective October 31, 2016, a new statute requires a 90-day retention period for food service workers in New York City in venues such as corporate cafeterias, arenas and cultural institutions when a food service contractor is terminated.  After 90 days, the new contractor must evaluate the workers and must retain them if they are deemed satisfactory. Specifically, on October 31,…Read More

Who Is Protected From Unlawful Harassment? New York State law protects both men and women from harassment in the workplace, and bars both heterosexual and homosexual harassment at work.  Sexual harassment may include the harassment of women by men, men by women, men by men, and women by women. Two Types of Workplace Harassment There are two types of workplace…Read More

On September 7, 2016, the New York State Department of Labor (the "Department of Labor," the "Department," or the NYS DOL") issued a regulation requiring employers in the State of New York, in order to pay wages to workers by direct deposit or by payroll debit card, to obtain the workers' written consent.  Further, the new regulation (also referred to…Read More

Manufacturer In New Jersey Recovers $100,000 Default Judgment For Breach Of Revolving Credit Agreement Recently, in a lawsuit in New Jersey state court for breach of a revolving credit agreement, I recovered, on behalf of the lender, a custom injection molder in New Jersey, a final judgment by default against the borrower, an import/export company, and the individual guarantor --…Read More