One of the core philosophies of our law firm is that we are here and ready to vigorously fight for our clients when trouble arises, but we work equally hard to help them avoid trouble before it starts.

Many issues, especially in the area of employment law, arise simply because the rules are complex and ever-changing, and employers may inadvertently run afoul of any number of regulations. 

It might seem common sense that an employer has the right to monitor/review communications sent and received by its employees on work-owned electronic devices, but as the saying goes, ‘common sense isn’t so common.’

With that in mind, New York State implemented a new law that took effect May 7, 2022 related to employees’ right of privacy.

Next month, the U.S. Department of Labor is expected to propose a revision of the Fair Labor Standards Act regulations regarding the overtime salary threshold. The threshold is one of the factors used to determine whether a salaried employee is exempt from overtime pay for hours worked in excess of 40 hours per week. 

The border restrictions are easing, but that doesn't measn there aren't plenty of obstacles faced by Canadian busines owners seeking to hire employees based south of the border 

Franklin v. Whole Foods Market Group Inc. et al (U.S. District Court, Southern District of New York, No. 20-04935) involves a man who served 23 years in prison following a conviction for second degree murder. Upon his release, he applied for a grocery delivery job at Cornucopia Logistics, which serves Amazon and Whole Foods. Upon discovering that the job applicant, Henry Franklin, had misled the company by answering “no” when asked if he had a criminal record, the company denied him employment, citing the applicant’s untruthful answer as the reason for not hiring him.

On January 13, 2022 the United States Supreme Court ruled on two watershed cases related to the mandatory vaccination of workers in America against the COVID-19 virus. Already the questions have been coming in from employers wondering, ‘what impact does this have on my business operations?’

Each year at this time, we find it valuable to offer a few reminders to our clients and community when it comes to hosting holiday gatherings for your employees.

In 2019, Wal-Mart was ordered to pay $6 million to a class of plaintiffs after a lawsuit (Hamilton et al. v. Wal-Mart) alleged the retail giant engaged in unlawful tactics to discourage employees from leaving the building during their state-mandated break and meal periods.   

Though that case is currently being appealed, it sheds light on an area of labor and employment law where it can be common for an employer to be unknowingly in violation.

In an effort to ostensibly put more money in the pockets of American workers, the IRS, under the direction of President Trump, issued Notice 2020-65, giving employers the option to suspend the withholding of Social Security payroll taxes beginning September 1 and running through December 31, 2020.

On the surface, this sounds like a solid plan – workers immediately have more cash available to pay bills during this difficult time. But both employers and employees need to be wary –this tax holiday poses a few potential bumps in the road to prepare for.

Social media has been lighting up in recent weeks with stories about life behind the scenes on the Emmy Award-Winning talk show, “Ellen.”

The tales range from stories of rude behavior, to hostile working conditions, racism and sexual harassment. Despite her squeaky clean image as America’s fun-loving, dancing talk show host, current and former staffers report a workplace that is anything but fun-loving.

Former Google engineer Anthony Levandowski was sentenced this week to 18 months in prison after admitting he stole trade secrets from Google related to self-driving car technology.

In sentencing Levandowski to jail time, U.S. District Judge William Alsup sent a clear message to would-be IP thieves: brilliance is no excuse for theft. In denying the Levandowski defense team’s request for home confinement in lieu of jail, the Court refused to “give a green light to every future brilliant engineer to steal trade secrets.”

There was a time when working from home was considered a perk. Today, in the midst of a global pandemic, it has quickly become the norm.

Working from home has afforded companies a way to stay productive while minimizing the risk of employees transmitting COVID-19. However, without proper planning, companies may find themselves exposed to myriad other risks.