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An H-1B visa allows qualified foreign workers to engage in temporary employment services in a “specialty occupation.” An H-1B visa may be obtained for an initial period of up to three years and may be extended for an additional three years. The employer must file the H1-B petition with a U.S. Citizenship and Immigration Services (“USCIS”) Service Center. Most employers…Read More
We sure would appreciate you voting for our law firm’s blog, the Manhattan Business Litigation and Employment Attorneys Blog. Our law firm’s blog has been nominated by LexisNexis for its Top 25 Business Law Blogs of 2011. Votes and comments posted online will help determine the winning blogs. You do not need to be a lawyer to vote. So if you find the Manhattan Business…Read More
In recent years, the Supreme Court, New York County (that is, New York state trial courts sitting in Manhattan) and the Supreme Court, Kings County (that is, New York state trial courts located in Brooklyn) repeatedly have held that a member of a limited liability company (an “LLC”) in New York State may not, within the same causes of action,…Read More
In the world of commerce, companies frequently need the assistance of a business contract disputes lawyer because a contract has been broken or breached. If you have suffered losses because of someone’s breach of contract in Manhattan, NYC, you may be entitled to monetary damages and other valuable remedies, such as specific performance. This post explains New York State contract…Read More
A business located in Manhattan,New York City must abide by anti-discrimination laws in refusing to retain or ceasing to retain an independent contractor. By contrast, a company located in New York State, but outside the five boroughs of New York City, need not, in declining to retain or ceasing to retain an independent contractor, conform to laws prohibiting employment discrimination. The…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
Manhattan and the state of New York, 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 Manhattan, NYC…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
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 Manhattan, NYC, that individual’s employer must make, to New York State, unemployment insurance contributions…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 Manhattan, who have overpaid an employee for an earlier payroll period or periods, will ask me whether, the employer may…Read More