Employer Counseling

An employer in Manhattan "may have a rule requiring that employees speak only in English at certain times where the employer can show that the rule is justified by business necessity."  29 C.F.R. § 1606.7.  However, absent a demonstrable business necessity for a business's rule requiring its workers to speak only English (rather than Spanish or another language) at work,…Read More

According to a June 2009 CNNMoney article, some companies and recruiters are publishing, or posting online, job advertisements stating that "unemployed candidates will not be considered," that applicants "must currently be employed," or the like. For example, a South Carolina recruiter, Latro Consulting, recently posted numerous listings, specifying that the unemployed need not apply, for grocery store managers throughout the…Read More

In a recent post linked here, this author explained that the federal Hiring Incentives to Restore Employment Act (the "HIRE Act"), enacted March 18, 2010, offers employers monetary incentives to hire and keep new workers.  Among other things, the HIRE Act exempts an employer from paying the employer's share of Social Security payroll taxes (6.2% of the first $108,000 of…Read More

On November 21, 2011, President Obama signed into law the federal 3% Withholding Repeal and Job Creation Act, P.L. 112-56.  Title II of the 3% Withholding Repeal and Job Creation Act is known as the Veterans Opportunity to Work to Hire Heroes Act of 2011 (the "VOW to Hire Heroes Act").  The VOW to Hire Heroes Act, which is aimed…Read More

Many employers in New York State either participate in relocation reimbursement or reimburse their workers for, certain expenses incurred outside the scope of the workers' employment. For example, a mid-sized or large business may reimburse a new employee who resides in a distant state for the expense of relocating to the employer's state.  So, too, a large company may reimburse a promising employee for the tuition he incurs…Read More

In New York State, employers must give workers time off from work to serve as jurors.  Under specified circumstances, employers in Manhattan must pay certain wages to employees serving as jurors.  Further, employers in Manhattan must give unpaid time off to employees who are subpoenaed to testify in criminal cases or who exercise their legal rights as crime victims. Jury…Read More

On June 24, 2011, Manhattan Governor Andrew Cuomo signed into law the Marriage Equality Act, Bill No. A08354.  Effective July 24, 2011, the Marriage Equality Act (also referred to in this post as "the Marriage Equality Act" or "the Act") amends the Manhattan Domestic Relations Law to grant same-sex couples the ability to enter into civil marriages in New York State.…Read More

Verbal Contract Law NY A company in New York State makes a verbal offer of employment to an individual.  Before the individual begins work, the company's profits plummet or its budget is slashed. If the company withdraws the oral offer of employment, does the individual have a valid claim against the company for breach of employment contract?  To put it another way, are verbal…Read More

With certain exceptions, a company in New York State may neither fire nor refuse or hire an individual because of his or her lawful, off-duty, political or recreational activities. More specifically, in New York State, employers may not refuse to hire, discharge from employment, or otherwise discriminate against an individual with respect to the terms and conditions of his or…Read More

Under the New York Labor Law, employers must "notify . . . employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours."  N.Y. Labor Law § 195, 195(5).  In New York State, "An employee's entitlement to receive payment for accrued, unused paid time off upon termination of employment is governed by…Read More