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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

In March 2012, in Gurung v. Malhotra, 10 Civ. 5086 (S.D.N.Y. Mar. 16, 2012), the U.S. District Court for the Southern District of New York (Marrero, J.) awarded, to a 22-year-old domestic worker, damages of $1,458,335 against the maid's former employers -- an Indian diplomat and her husband.  The diplomat and her husband, Neena and Jogesh Malhotra ("the Malhotras"), had brought…Read More

In several civil lawsuits (not bankruptcy proceedings) in which this author represented the creditor, the debtor -- usually without its attorney's involvement -- has tendered to the creditor a check, in the amount of only a portion of the debt owed, marked "payment in full," "paid in full," "full payment," or the like. In such a scenario, the creditor typically asks this author:…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

In February 2012, the New York Court of Appeals -- New York State's court of last resort  -- held that where individuals, with an intent to blackmail or extort from a wrongdoer, truthfully report, to governmental officials, wrongdoing that is of public interest, no absolute privilege shields those individuals from liability to the wrongdoer for prima facie tort and tortious interference with prospective contractual rights.  Posner…Read More

New York State, like the federal government, does not require any particular order or form for the records that an employer must maintain concerning employees’ wages and hours.  Cf. 29 C.F.R. § 516.1(a) (“No particular order or form of records is prescribed by” 29 C.F.R. Part 516 (Records To Be Kept By Employers)).  An employer in New York may use any timekeeping method…Read More

Random testing means choosing workers for tests at random, without suspicion, and without advance notice of when the test will take place.  Random testing may also encompass the testing of all employees in a company (or a given division of a company) when the date of the testing is not announced, and is more properly called "suspicionless" testing. In New…Read More

The First Amendment to the U.S. Constitution states in part: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ."  The first of these two quoted clauses is known as the Establishment Clause.  The second of these two quoted clauses is termed the Free Exercise Clause. In January 2012, in Hosanna-Tabor…Read More

In New Jersey, the rate of interest upon the loan or forbearance of any money, wares, merchandise, goods or chattels may not exceed 6% per year, or when there is a written contract specifying a rate of interest, 16% per year.  N.J.S.A. § 31:1-1. That is, in New Jersey, when the agreement is oral, charging interest of more than 6% per year is civil…Read More

The federal Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the “FLSA”), and its implementing regulations, 29 C.F.R. §§ 510 et seq., mandate that most workers in the U.S. be paid at least the federal minimum wage of $7.25 per hour for all hours worked and overtime compensation at 1½ times the regular rate of pay for all hours worked in excess of 40…Read More