Employer Counseling

On November 21, 2011, President Obama signed into law the federal 3% Withholding Repeal and Job Creation Act, P.L. 112-56.  Title II of the 3% Withholding Repeal and Job Creation Act is known as the Veterans Opportunity to Work to Hire Heroes Act of 2011 (the "VOW to Hire Heroes Act").  The VOW to Hire Heroes Act, which is aimed…Read More

Many employers in New York State either participate in relocation reimbursement or reimburse their workers for, certain expenses incurred outside the scope of the workers' employment. For example, a mid-sized or large business may reimburse a new employee who resides in a distant state for the expense of relocating to the employer's state.  So, too, a large company may reimburse a promising employee for the tuition he incurs…Read More

In New York State, employers must give workers time off from work to serve as jurors.  Under specified circumstances, employers in New York must pay certain wages to employees serving as jurors.  Further, employers in New York must give unpaid time off to employees who are subpoenaed to testify in criminal cases or who exercise their legal rights as crime…Read More

On June 24, 2011, New York Governor Andrew Cuomo signed into law the Marriage Equality Act, Bill No. A08354.  Effective July 24, 2011, the Marriage Equality Act (also referred to in this post as "the Marriage Equality Act" or "the Act") amends the New York Domestic Relations Law to grant same-sex couples the ability to enter into civil marriages in New…Read More

Verbal Contract Law NY A company in New York State makes a verbal offer of employment to an individual.  Before the individual begins work, the company's profits plummet or its budget is slashed. If the company withdraws the oral offer of employment, does the individual have a valid claim against the company for breach of employment contract?  To put it another way, are verbal…Read More

With certain exceptions, a company in New York State may neither fire nor refuse or hire an individual because of his or her lawful, off-duty, political or recreational activities. More specifically, in New York State, employers may not refuse to hire, discharge from employment, or otherwise discriminate against an individual with respect to the terms and conditions of his or…Read More

Under the New York Labor Law, employers must "notify . . . employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours."  N.Y. Labor Law § 195, 195(5).  In New York State, "An employee's entitlement to receive payment for accrued, unused paid time off upon termination of employment is governed by…Read More

On August 31, 2010, New York State Governor David A. Paterson signed into law the so-called Domestic Workers Bill of Rights, Bill A1470B.  The Domestic Workers Bill of Rights will go into effect on November 29, 2010. The Bill grants substantial rights and protections to New York State's domestic workers, who number approximately 200,000 in the New York City area…Read More

Yes.   A company located in New Jersey must keep its employees' personnel files within the State of New Jersey.  This is the case for at least two reasons. First, the New Jersey State Wage and Hour Law, N.J.S.A. §§ 34:11-56a - 34:11-56a38, requires an employer to maintain true and accurate records of the name and address of each employee, the employee's birth date if…Read More

In the last 10 months, immigration officers have imposed almost $640,000 in fines on 13 employers in New Jersey who failed to make certain that their employees were authorized to work in the United States.  That amount is about 14 times the fines imposed on employers in New Jersey in all 12 months of fiscal year 2009, when the fines…Read More