News & Insights

Are Student Trainees Entitled to be Paid as Employees?

In many academic settings, students have the opportunity to work in a controlled and supervised environment in order to learn necessary skills, particularly in fields which require licensing by the state. These student trainees generally are not paid. A recent federal appellate court case addressed the question of whether they are employees and therefore, entitled … Read more

So, You Want to Buy an LLC Interest. What Does That Mean?

Before you buy any interest in a business, it is crucial to confirm what you are buying and take all of the formal steps necessary to complete the transaction. In the case of purchasing an LLC interest, the most important document to be reviewed is the LLC Operating Agreement. An LLC Operating Agreement (or Shareholder’s Agreement … Read more

How Medical Marijuana Use May Affect Workplace Drug Testing in New York

In July of 2014, Governor Cuomo signed the Compassionate Care Act (“CCA”) authorizing the manufacture, sale and use of medical marijuana within New York State. The CCA has created a potential issue for those employers who conduct drug testing or otherwise have a written policy against the use of recreational drugs. The open question is whether … Read more

New York Employers: Are You Ready? New Sexual Harassment Law Changes Effective Immediately

Earlier this year, New York State and New York City enacted significant changes to sexual harassment laws that affect employers and employees.  Both laws mandate sexual harassment prevention policies and annual training along with other changes.  These requirements go into effect July 11, 2018 through April 1, 2019 depending on the provision.  Below is a … Read more

How the New U.S. Department of Labor Program Will Benefit Workers and Employers

Earlier this year, the U.S. Department of Labor through its Wage and Hour Division (the “Division”) announced a new pilot program to expedite resolution of inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”). The program allows employers to self-report potential violations, reducing the time, money and resources spent to address … Read more

New York State is Cracking Down on Wage Theft

Many employees within the construction and restaurant industries in New York State claim that their employers exploit them by refusing to pay them the agreed upon amount, not paying overtime and permitting unsafe working conditions. Most, but not all, of these abuses occur in non-union employment situations where there is no organization keeping an eye … Read more