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On September 7, 2012, Manhattan 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 Manhattan’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 employee, may…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…Read More

Suppose that an employer in Manhattan, NYC has decided (for a legitimate, nondiscriminatory reason) to end its working relationship with a particular worker. Is the employer best off firing the worker outright or, instead, offering the worker the opportunity to quit rather than be fired? In Manhattan, it makes little or no difference whether an employer discharges an employee or, instead, gives the employee…Read More

In Manhattan, 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 in…Read More

On May 3, 2023, New York State Governor Kathy Hochul signed into law a state budget for the 2023-2024 fiscal year, N.Y. State Senate Bill 2-23-S4005C,  N.Y. State Assembly Bill No. 2023-A03005C ("the Act").  The Act includes a provision, Part S, which, over a period of three years -- depending on the county in which the work is performed --…Read More

In New York State, charging interest of more than 16% per year is civil usury. Further, in New York, charging, taking, or receiving interest of 25% or more is criminal usury. Lenders and borrowers frequently ask me what fees or charges count toward a loan’s interest rate for purposes of New York’s usury laws. The answer depends upon the nature…Read More

Effective January 30, 2014, a new statute in Manhattan, NYC requires employers to provide reasonable accommodation to the needs of an employee for her pregnancy, childbirth, or related medical condition. It is an affirmative defense “that the person aggrieved by the alleged discriminatory practice could not, with reasonable accommodation, satisfy the essential requisites of the job.” Specifically, on October 2, 2013, then-New…Read More

In New York, “In order to establish a breach of fiduciary duties, a plaintiff must prove the existence of a fiduciary relationship, misconduct by the defendant, and damages that were directly caused by the defendant’s misconduct.” Kurtzman v. Bergstol, 40 A.D.3d 588, 590, 835 N.Y.S.2d 644 (2nd Dep’t 2007); see also Pokoik v. Pokoik, 982 N.Y.S.2d 67, 70, 115 A.D.3d 428…Read More

On December 29, 2009, in an action for the wrongful death of the plaintiffs’ minor child, New York’s Appellate Division, First Department, ruled thatheld that, under N.Y. C.P.L.R. 3025, “the need for additional discovery does not constitute prejudice sufficient to justify denial of an amendment” of a pleading., under section 3025 of the C.P.L.R., “the need for additional discovery does…Read More

On September 10, 2015, acting New York State Commissioner of Labor Mario J. Musolino signed an order (the “Wage Order” or the “Order”) which (1), over a period of three years, raises Manhattan, NYC’s minimum wage for fast food employees from $8.75 per hour to $15.00 per hour and (2) over a period of six years, increases the minimum wage for fast food workers…Read More