Employment Law
Because it is unsettled who -- the employer or, instead, the employee -- bears the burden of showing that an employee has worked the 1,000 base hours, during the immediately preceding twelve-month period, that render the employee eligible for leave under the New Jersey Family Leave Act, N.J.S.A. §§ 34:11B-1- 34:11B-16 (the “NJFLA”), employers in New Jersey are best advised to maintain true and accurate…Read More
Neither federal law nor New York law requires an employer to offer, to either its female employees or its male employees, paid leave because of the birth of a son or daughter of the employee and in order to care for such son or daughter. However, most workers in New York State are eligible for temporary cash benefits, known as short-term disability…Read More
In New York City, it is common for the owner of a residential building to furnish the building's superintendent and the superintendent's family with an apartment to live in, rent free. This practice raises the question: In New York State, does an employer receive credit toward the minimum wage for the rental value of an apartment provided, rent free, to a worker…Read More
What Is An Income Execution, And Whom Does It Come From? A " 'judgment debtor' " is an individual or entity against whom a money judgment is entered. See N.Y. C.P.L.R. 105(m). Often, when the judgment debtor is an individual, he is also an employee of an employer. The " 'judgment creditor' " is the individual or entity in whose favor the…Read More
On September 7, 2012, New York Governor Andrew Cuomo signed into law a statute, N.Y. State Assembly Bill No. A10785-2011, relating to permitted deductions from employees' wages ("the Act"). Effective November 7, 2011, the Act amends New York's wage deduction statute, N.Y. Labor Law § 193, by (i) establishing new categories of wage deductions that employers, with the express written authorization of an…Read More
From time to time, because of a mathematical or administrative error by the employer, an employer will, for one or more payroll periods, pay wages to an employee in excess of what the employee has earned. Periodically, owners of a business in New York, who have overpaid an employee for an earlier payroll period or periods, will ask me whether, the employer…Read More
In New York, a worker who, "without good cause," voluntarily leaves his employment is disqualified from receiving unemployment insurance benefits. N.Y. Labor Law § 593(1)(a). A worker who quits his job because his employer in New York has moved to a location which is further away from the worker's residence may or may not be found to have voluntarily left…Read More
Unemployment insurance is temporary income for workers who lose their jobs through no fault of their own; are ready, willing and able to work; and have earned sufficient compensation during a specified period of time in covered employment. When an individual performs all of his services within the State of New York, that individual's employer must make, to New York State, unemployment…Read More
No. In New York, a company may not deduct from an employee’s paycheck, charge against an employee’s wages, or require an employee to reimburse the company for, monetary losses to the company, even if the employee’s carelessness caused the losses. For example, if an employee loses or damages a laptop computer or other property belonging to the company, the company may…Read More
Though it is not required by law, the best practice for a company in New York is to retain its employees' personnel files for the length of the employee's employment plus five years. This is the case, among other reasons, because an individual may file a lawsuit under the New York City Human Rights Law, N.Y. City Admin. Code §§ 8-101…Read More