A recent Newsday article reported that a Smithtown body shop had to pay $400,000 to settle federal charges that it failed to properly pay employees overtime. That amount includes $185,000 in back wages, $185,000 in damages and $30,000 in civil penalties. Violations of wage and hour laws carry significant liability (and notoriety) that few businesses…
No one wants to think about what would happen if they or a family member suddenly became ill or was seriously injured. Unfortunately, when we don’t plan for such possibilities, it can cost us in terms of loss of control over medical decisions, added stress and significant financial and legal problems. There are 3 important…
Employers often struggle with finding the balance between reprimanding employees for poor behavior and ensuring loyalty and motivation. Push them too hard and they quit, or their performance and attitude worsen. Be too lenient and they take advantage and repeat poor behavior. Either may have a negative effect on the morale and attitude of the…
You decided to buy or sell a business and found an interested party. Prior to entering into a contract, both of you need to share more information, so you can decide whether and how to move forward. There are 2 essential documents necessary to protect your discussions. Nondisclosure Agreement Before a seller undertakes any detailed…
Employers are subject to a wide array of federal, state and local laws, all of which carry stiff penalties and potential liability for noncompliance. It can be especially hard for small and mid-size businesses to keep up. Common mistakes that can get employers into trouble include: Not keeping up to date on employment law changes….
The New York State legislature, in concert with Governor Cuomo, has recently agreed to new measures that radically change employer requirements relative to sexual harassment policies, training and the resolution of sexual harassment claims. Employers need to be aware of these new measures, as they will affect all New York State employers, and the penalties…
For those thinking about selling investment property, the time may be right to take advantage of tax-deferred exchanges. Thanks to §1031 of the Internal Revenue Code, a properly structured transaction will allow an investor to sell a property, to reinvest the proceeds in a new property and to defer all capital gains taxes. Such a…
Stormy Daniels. Now the most famous porn star in the country, if not the world. Great for water cooler conversation, but very few lawyers ever envisioned her issues with President Trump would have any real legal significance. But her recent lawsuit against the President has brought forth an interesting question: Can a party effectively invalidate…
As we all know from the recent articles and news reports, the new Tax Cuts and Jobs Act of 2017 has many aspects. Although the new law did not repeal Federal estate and gift taxes, it has temporarily doubled the exemption amount applicable to each person. But be warned, the disparity between the Federal estate…
New York State and New York City laws are ever-changing, and the more employers know, the less risk they face. The following is a primer for employment law changes going in to effect in 2018. New York State Paid Leave Employers should already be aware of this new law, which provides paid leave to employees…
I want to provide an example in my own experience relating to sexual harassment. I was recently at an event where I had an interaction with three other colleagues. Let’s call them Mike, Judy, and Ann. I was sitting with Judy and Ann when Mike approached and gave Judy a long and awkward hug. He…
Shareholder disputes can arise for many reasons from disagreements over the operations of a business to claims of conflicts of interest. It is often a problem for small businesses because the more closely involved a shareholder is with operational decisions, the greater the potential for conflict. At their worst, shareholder disputes can affect the daily…
