Small Business

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

Do You Have to Pay Interns in New York?

Internships are widely considered to be beneficial for students, even if they are unpaid. They are supposed to provide practical experience and insight into how the student’s education is applied in a work setting. However, just because a student agrees to an unpaid internship, this does not mean that the employer automatically avoids liability under … Read more

WHAT YOU NEED TO KNOW ABOUT USING ELECTRONIC SIGNATURES IN CONTRACTS

Since March 2000, New York has allowed the use of electronic signatures on electronic records in place of actual signatures. The New York Electronic Signatures and Records Act (ESRA) applies to anyone using or accepting electronic records and signatures in New York State, including persons and entities in the public and private sectors. An electronic … Read more

Beware usury laws when making or receiving a loan

Generally, the law recognizes parties’ freedom to enter into a contract under the terms of their choosing. Parties can freely determine the terms of their personal and business affairs unless the agreement is illegal. However, one area where New York law steps in to impose limitations on parties’ freedom of contract is with usury laws. … Read more

Out with the Old (I-9 Employment Eligibility Verification Form) and in with the New

Employers should be aware of recent changes to the I-9 Employment Eligibility Verification form, which all employers must use. Since November 1986, when Congress passed the Immigration Reform and Control Act (the “IRCA”), employers have been required to verify the identity and employment eligibility of prospective employees prior to hiring. The IRCA prohibits employers from … Read more

What merchants need to know about charging cash versus credit card prices

A few years ago, merchants knew not to charge a “surcharge” or extra fee for a customer who paid by credit card instead of fees because most major credit card agreements did not allow it. As a result of antitrust litigation, many credit card agreements no longer prohibit charging additional fees for credit card use. … Read more

Small Businesses Beware: Common Employment Mistakes You May be Making – Part 2

Small businesses can sometimes face significant liability under employment laws because they aren’t aware of the rules that regulate certain employment activities. Even where employers and employees agree to certain employment practices, these practices may nonetheless be illegal if the employer does not comply with applicable regulations. In a previous post, we discussed minimum wage and overtime regulations. Additional areas of concern to business owners include the following:

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Small Businesses Beware: Common Employment Mistakes You May be Making – Part 1

New York labor law regulates employers of all sizes. However, while large employers typically have experienced HR managers or in-house attorneys to keep them informed of these rules, smaller businesses often lack those resources. The result is that small businesses may run afoul of employment laws and face significant liability. Many situations which commonly arise in smaller businesses don’t seem like they would require a consultation with counsel, but in fact they are governed by regulations and formalities that owners need to know. Some of the top areas which owners should give special attention to include the following:

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