Employment

Effective March 12, 2024, New York Labor Law prohibits employers from requiring employees and job applicants to provide information about their personal accounts. If you think this sounds familiar, you are right. This idea has been in place in various states for years; now New York is joining in! Under the new legislation, “personal accounts”…

Whistleblowers can blow their whistles a little louder tonight. The Supreme Court’s recent ruling, Murray v. UBS Securities, LLC, decided that an employee may prove a whistleblower retaliation claim without showing that their employer acted with retaliatory intent. As a result, it is now easier for employees to succeed on whistleblower retaliation claims under the…

On January 9, 2024, the Department of Labor (“DOL”) announced a six-factor test for determining whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). This new rule takes effect on March 11, 2024. Classifying workers as independent contractors or employees is extremely important—independent contractors do not receive…

ERTC Enforcement and Withdrawing a Claim The Employee Retention Tax Credit (ERTC) was introduced during the COVID-19 pandemic as a tax incentive for businesses to keep employees on their payroll. To qualify, a business must have suffered financially or experienced operational disruptions because of COVID restrictions. Even though it has since expired, it’s still possible for…

Yesterday, Governor Kathy Hochul signed into law The Clean Slate Act (S.7551A/A.1029C) with an effective date of November 16, 2024. The law will seal certain criminal records following an individual’s release from incarceration: eligible misdemeanor convictions will be sealed three years after release, and eligible felony convictions will be sealed eight years after release –…

The national trend to protect temporary Laborers continues. This past August, Illinois passed legislation that expanded its Day and Temporary Labor Services Act. The amendment became effective on August 4, 2023 (immediately upon its signing). The Trend New Jersey, California, and Illinois have all passed laws that provide protections to temporary Laborers. Among the varied…

Attention New York employers: On November 17, 2023, Governor Hochul signed S4516 into law, amending Section 5-336 of the General Obligations Law (“GOL”), commonly known as New York’s #MeToo statute. The amendment significantly changes the terms permissible in settlement agreements for claims relating to discrimination, harassment, or retaliation. As of the effective date, November 17,…

The Occupational Safety Health Administration (“OSHA”) and the National Labor Relations Board (“NLRB”) recently joined forces through a new Memorandum of Understanding (“MOU”). Their goal, to further enhance collaboration between the two agencies during investigations and enforcement actions against employers. The move is expected to further blur the lines between the two agencies and the…

Starting July 31, 2023, all employers with employees working in New Jersey are required to immediately and simultaneously report to the New Jersey Department of Labor (the “NJ DOL”) certain information relating to terminated employees.  Employers are to submit this information electronically at the same time they provide the terminated employee with his/her benefit instructions…

Governor Ned Lamont recently announced that, commencing on January 1, 2024, Connecticut’s minimum wage of $15.00 will increase to $15.69 an hour. This marks the state’s inaugural economic indicator-driven minimum wage increase. This adjustment is mandated by state law, Public Act 19-4.  Public Act 19-4 introduced a series of five incremental minimum wage hikes spanning…

  In Rev. Proc. 2023-29, recently issued by the Internal Revenue Service, the affordability percentage for Affordable Care Act plans has been set at 8.39% beginning in 2024. This marks a significant decrease from the previous 9.12% applicable for 2023. This is the lowest percentage since the inception of the employer mandate which means these…

In a recent case, a marijuana dispensary was forced to bargain with the Union even though the Union was not elected by the employees. The case demonstrates the consequences of unfair labor practices and the government’s new, lower threshold for giving unions the right to represent workers. Background The case involves allegations that the Company,…

  Earlier this month, New York became the latest state to ban mandatory captive audience meetings when Governor Kathy Hochul signed into law Senate Bill 4982 and Assembly Bill 6604, amending New York Labor Law Section 201-d (“NYLL 201-d”). The new law prohibits New York employers from requiring employees to attend any company meeting having the…

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“I should demote myself!” joked the head of sales. “It looks like I am better at selling than at managing a sales team.” We were looking at his team’s individual sales numbers. He was selling more when he was a regular salesperson than his whole team today. We too often promote the wrong person into…

Effective March 12, 2024, New York Labor Law prohibits employers from requiring employees and job applicants to provide information about their personal accounts. If you think this sounds familiar, you are right. This idea has been in place in various states for years; now New York is joining in! Under the new legislation, “personal accounts”…

Unlocking Retirement Savings to Fund a New Business Many people have dreams of starting a business but lack the capital or funding needed to launch their new business ideas. It’s true: It costs money to start a business. The US Small Business Administration (SBA) says that how to fund a business is one of the…

In order for your family business to outlive its founder, careful succession planning is a must. That means finding the most frictionless way to pass both leadership and ownership from one generation to the next. While some family business dynamics lend themselves to smooth and simple succession, others hit bumps in the road. One of…

Accurate Asset Assessment for Fair Distribution: When planning an estate, one of the primary concerns is ensuring a fair and equitable distribution of assets among beneficiaries. A professional valuation provides an accurate and unbiased assessment of the true value of all assets, including real estate, investments, businesses, and personal property. This is essential to avoid disputes…

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