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New York employers should take note of two recent amendments to the State Labor Law. Enhanced Penalties for Overtime and Minimum Wage Violations On August 26, 2009, Governor Paterson signed legislation amending the New York...
Category: General Employment Issues
Jan 05, 2009
General Employment Issues
New York Labor Law Now Bars Employers from Displaying Employee Social Security Numbers and from Disclosing Employees’ Personal Identifying Information to the General Public
Effective January 3, 2009, the New York Labor Law has been amended by the addition of a new Section 203-d, which prohibits employers from doing the following unless otherwise required by law: publicly posting or displaying an...
Dec 17, 2008
General Employment Issues
Department of Labor Releases New Family and Medical Leave Act Guidelines
On November 17, 2008, the United States Department of Labor (”DOL”) published new rules under the Family and Medical Leave Act of 1993 (“FMLA”). The new rules implement amendments to the FMLA enacted earlier this...
SIGNIFICANT IRC 409A DEADLINE IS FAST APPROACHING Section 409A of the Internal Revenue Code and the associated regulations and guidance issued by the Department of Treasury set forth stringent requirements that nonqualified...
Oct 06, 2008
General Employment Issues
New York Expands Employer Obligations Regarding Criminal Background Checks
New York recently enacted legislation placing greater responsibilities on employers who request background checks on their employees or prospective employees. The law amends Sections 380-c and 380-g of the New York General...
Aug 29, 2008
General Employment Issues
California Supreme Court Expands Judicial Review in Arbitration Cases
Awards rendered by arbitrators are ordinarily subject to limited judicial review and may be overturned only in narrow circumstances. In particular, an award is not subject to attack in court merely because it contains...
Aug 28, 2008
General Employment Issues
New York Enacts State WARN Act: Covers More Employers and Contains Longer Notice Periods than the Federal WARN Act
On February 1, 2009, New York will join a handful of other states which have enacted state plant closing laws that are more stringent than the federal Worker Adjustment and Retraining Notification (“WARN”) Act. The...
Aug 11, 2008
General Employment Issues
New York Governor Signs “Broadcast Employees Freedom to Work Act”
New York’s Governor David Patterson has signed into law the “Broadcast Employees Freedom to Work Act” ( Senate Bill S02393, Assembly Bill A 2124-A), which adds a provision to the New York Labor Law banning non-compete...
Aug 11, 2008
General Employment Issues
California Supreme Court Voids Non-Compete Clause and Waiver of Indemnity Rights
An employer’s nightmare is the productive employee who leaves the company and begins competing against it. Given this reality, what is an employer to do? In many cases, the answer is: write an employment contract that...
Jul 30, 2008
General Employment Issues
California Supreme Court Issues Key Mediation Decision: If you want a binding settlement in mediation, document it properly.
The California Supreme Court recently issued its latest opinion in a line of decisions dealing with mediation, squarely holding that if a party desires to have a binding mediation settlement, the matter must be properly...