New York State has recently created several new laws that expand the right of employees, job applicants and freelance workers. Employers must be aware of these changes to ensure compliance and avoid fines, penalties and lawsuits. Social Media Protections for Employees and Applicants Effective March 12, 2024, employers are now prohibited from asking employees or…
On April 23, 2024, the Federal Trade Commission (the “FTC“) published a final rule (the “Final Rule“) banning non-compete clauses. Under the Final Rule, most employers will be barred from entering into new agreements containing non-compete clauses and from enforcing certain existing non-compete clauses against their workers. The Final Rule will become effective 120 days…
BUSINESS OWNERS BEWARE – in its ongoing commitment to employee protection, the State of New York consistently introduces new laws that have a significant impact on employers, potentially impeding their companies and exposing them to the risk of fines and penalties for non-compliance. Minimum Wage Increase Effective January 1, 2024, the minimum wage payable to…
A Canadian judge made headlines on June 8, 2023 when he ruled a thumbs-up emoji was a sufficient acceptance in a contract between a farmer and a grain processing cooperative. A cooperative employee texted the farmer a picture of a proposed contract and asked him to confirm the agreement. The farmer texted back with a…
In its ongoing commitment to employee protection, the State of New York consistently introduces new laws that have a significant impact on employers, potentially impeding their companies and exposing them to the risk of fines and penalties for non-compliance. New York Employers with “No Fault” Attendance Policies Subject to Penalties for Disciplining Employees Who Take…
At a car dealership, a long-standing and trusted salesperson colluded with an accomplice to submit fraudulent loan applications, inflating vehicle prices and trade-in values. They pocketed a significant portion of the loan proceeds, eventually getting caught through an internal audit, leading to legal action and the dealership’s efforts to recover the funds and restore its…
Employers for decades have performed drug tests on employees to determine if they are fit for employment on a day-to-day basis. Often drug testing was only performed as a qualification for employment. In other cases, employers would do routine drug testing to ensure that employees were not using illegal drugs once employed. In other instances,…
As car dealerships continue to evolve and grow during this time of flux related to technology advancements, supply chain issues and the effects of the COVID pandemic, Schwartz Ettenger has identified numerous employee-related issues that we recommend addressing now to ensure continued success of your dealership(s). The top ten employee-related issues facing car dealers today…
