New York Employment Lawyer Blog

Our New York Severance Pay Lawyers have counseled many employees of HSBC, who were laid off, had their positions eliminated or were otherwise disciplined. Recently, HSBC announced that it intends to eliminate 14,000 positions, which is equivalent to 5% of its worldwide workforce, within the next 3 years. HSBC has offices throughout NY State including corporate offices in Buffalo and at 452 Fifth Avenue, New York City. It is important for employees to understand their rights and options if their jobs are at risk.

If you were selected for a reduction in force or otherwise terminated and offered a severance agreement, contact our HSBC employment lawyers to confidentially learn your rights and see if and how we can maximize the terms of your severance package. During these sluggish economic times where gaps of unemployment are common and it is often difficult to find new employment quickly, it is imperative that you maximize your severance package. We can help you during the difficult process of losing your job. We have counseled hundreds of employees who have been presented with a severance agreement. You should not sign the agreement without speaking with an experienced employment lawyer first - the agreement is written for your former employer's benefit, not necessarily yours.

The following are just a few examples of why the agreement is not necessarily in your benefit and why you need experienced counsel immediately:

1. Generally, most severance agreements include a release provision that states you are agreeing to never sue your former employer for any reason in the future. There are some exceptions but for the most part - this is why companies provide with you severance. They are buying your promise never to sue them again. If you have a valuable claim against the Company, your severance amount should reflect that. You should speak with experienced employment lawyer to determine if you have a claim against your former employer and what is the value of such a claim. Generally, you cannot sign the severance agreement and then sue your employer for actions that occurred during your employment. Accordingly, it is important for you to act now.

2. Many severance agreements include non-compete and non-solicitation provisions that can negatively impact you for years after your termination and hurt your ability to find a new job. It is critical to review these provisions carefully and understand how they can impact you. Not only could you be unemployed, your ability to find a new job could be made harder as well.

3. Generally, your healthcare coverage will terminate on your last day of employment. As you most likely know, healthcare costs are significant and many former employees cannot afford continuing coverage during periods of unemployment. You should understand whether there is a basis for the company to continue paying your healthcare costs after your termination.

4. You may be entitled to certain payments even if you do not sign the severance agreement. Moreover, the severance agreement can affect your ability to collect unemployment insurance benefits, which can be critical in this time. It is imperative that you understand your rights and obligations if you sign the severance agreement and if you do not.

5. The agreement may preclude you from applying for re-employment with the Company and its affiliates and subsidiaries (which are often not defined). Depending on the size of the Company, you could be precluded for working for a significant number of companies. Again, that is not ideal when you are looking for new employment.

Call our NY, NJ & CT Severance Package Attorneys at (800) 893-9645 to confidentially discuss your rights and options so that you can negotiate the best possible severance package you deserve to help you navigate through these difficult times. We will review your agreement paragraph by paragraph with you so you understand the ins/outs of your agreement. We will let you know how we can maximize your severance package.

Continue reading "HSBC Layoff & Severance Agreement Attorney - 14,000 employees to be laid off" »

Our Award-Winning Workers Compensation Defense Attorneys have successfully represented many New York and out-of-state employers and homeowners with a nanny who have received a Notice of Penalty (or Judgment Notice) for not having the appropriate insurance coverage. While failing to carry insurance may seem like a minor oversight or a simple administrative error, it can have significant consequences and carry a fine of thousands of dollars. The current penalty is $2,000 for every ten days of non-compliance. These penalties can accumulate quickly and it is imperative you seek experienced legal representation as soon as possible. We have saved our clients over $1,000,000 in penalties, fines and judgments. Please call us at (800) 893-9645 to see if we can protect your business and life savings.

Q: What should I do if I receive a penalty, fine, judgment or Stop Work Order for not having Workers' Compensation or Disability Insurance?

A: If you are given a penalty, judgment or fine by the New York State Workers' Compensation Board, you should read the notice thoroughly but do not respond by making any damaging admissions which can cost you thousands of dollars in penalties in the future. Instead, call our experienced New York Workers' Compensation Board Defense Lawyers who have over 25 years of legal experience and have successfully saved small businesses hundreds of thousands of dollars in judgments and fines from the New York State Workers' Compensation Board.

Q: What could happen if I ignore the Workers' Compensation Notice?

A: The worst thing you can do is to ignore the Notice. Your failure to answer the Notice in a timely manner could result in collection agency contacting you, a judgment being issued against your business and, possibly, you personally. Your business could be found responsible for thousands of dollars in fines and penalties in your absence. In addition, this may result in you paying higher insurance premiums for several years. In certain circumstances, this can be avoided by hiring the right lawyer.

In addition, the New York State Workers' Compensation Board could issue a Stop Work Order preventing you from operating your business.

Q: What is a judgment?

A: A valid money judgment is a legal judgment that resolves all the contested issues and terminates a claim and is considered the official decision of the law on the action. In other words, New York State can freeze your business' bank accounts, place a lien on your business's real property and equipment and adversely affect your credit report and ability to work vendors.

Q: I already closed my business. Can I be personally responsible for the penalty or judgment?

A: It depends on the circumstances. For more information, call our office and speak with one of our experienced Workers' Compensation Defense Lawyers.

Q: What can your Law Firm do for me?

A: Our New York Workers' Compensation Board attorneys will fight to protect your business and your assets. Our lawyers know the Workers' Compensation statutes, the Workers' Compensation law and the administrative procedures. Based on our arguments and presentation, we have saved companies hundreds of thousands of dollars by obtaining a rescission and/or complete or partial reduction of the judgment. We welcome the opportunity to discuss how we can defend your business against this judgment and protect your business's valuable business interests and assets. Your business may be exempt from workers' compensation coverage. Call us now at (800) 893-9645 for a free telephone consultation to learn how to protect and defend your business.

In recent years, New York State has increased its efforts to penalize business that did not comply with the State's Workers' Compensation law and, as part of the process, the State significantly increased the penalties. Once New York State has obtained a judgment, it can seize bank accounts and place liens on valuable and critical business assets. If unpaid, the amount of the judgment may increase with the accumulation of interest. In addition, a judgment can negatively impact a company's credit report and score, its ability to obtain financing, and its relationships with vendors.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

Our NY Whistleblower Attorneys have been asked to comment on a new lawsuit against Park Avenue Medical Associates and its related entities. The lawsuit seeks over $1,000,000 in damages. The Company allegedly billed Medicare for medically unnecessary services provided to elderly or mentally ill patients. Further, it is alleged that the Company did not document services and otherwise failed to follow Medicare's rules and regulations. Specifically, the government alleges that the Company "inundated Medicare with bogus claims, including bills for unnecessary psychiatric services for vulnerable elderly patients, who did not have the ability to benefit from the services." Medicaid fraud costs Americans over one billion dollars every year and reduces our public resources and raises our taxes. Often the fraud can go undetected for a long time, spanning over many years. If you aware of a fraudulent scheme affecting the state or federal government and want to do your part in ending corruption, call our lawyers at (800) 893-9645 to confidentially learn your options and how we can help you blow the whistle.

In general, Medicare does not allow for payment of medical services that are not reasonable and necessary for the diagnosis or treatment of an illness or injury. Second, Medicare also does not allow payment for claims without adequate documentation substantiating the reasonableness and necessity of the services provided. Here, it is alleged that the Company sought payment in contravention of those two rules.

1. You should not have initiated or participated in the fraud scheme yourself. There are some elements to this that are fact specific.

2. You must be the original source of information meaning you cannot have learned the information from public materials.

3. You should have an experienced attorney assist you in each step of the process to make sure that you have a clear strategic plan and missteps are not made.

Finally, it is important for whistleblowers to act quickly because it is very advantageous, and perhaps vital, to be the first to file a complaint. If you are a current employee of a Company that you believe is engaging in fraud, we can discuss the anti-retaliation provisions of the law and how they apply to your particular case. Call our office now at (800) 893-9645 to confidentially learn your rights.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

The New York State Department of Labor (DOL) is increasingly auditing more and more businesses to investigate and, if appropriate, collect unpaid employment-related taxes. There are several areas in which employers can be at risk. Two of the most common liability concerns focus on the misclassification of employees as independent contractors and paying workers off the books. While a business may incorrectly believe it is gaining a short term advantage in doing so or does so unknowingly, either scenario can cause substantial liability to a business. Best practices dictate that you conduct a careful analysis of whether a worker is an independent contractor or employee before he or she starts providing services for you. Often this is not a simple determination and it requires a fact-intensive review. In this area, no one size fits all - just because one worker is an independent contractor does not necessarily mean another is. A written agreement will not necessarily control - the nature of your relationship with your worker will be critical. Our Employment Law Attorneys have advised many businesses in the regard and can confidentially speak with you. If you have received a notice of audit or determination letter (sample letter is listed below), it is important that you seek experienced employment law counsel immediately as a delay or misstep can be very damaging. As you can see from the sample letter, the penalty amount can be increased for willfulness and interest can add up. Your business may have additional exposure from other government agencies and in a lawsuit based on a misclassification claim. The cost of defending these claims can be very expensive in money and time. Compliance and early action by experienced counsel who can present your defense in the best light can save you many headaches. Call our office now at (800) 893-9645 to learn how to protect your business and life savings.

Dear Employer:

As a result of a recent examination of your records by our Field Representative, it was found that you have failed to properly report some taxable wages to the Division for unemployment insurance tax purposes. We have determined that contributions due in the amount of $30,000.00 for the period of first quarter of 2008 to second quarter of 2011.

Section 570.4 of the New York State Unemployment Insurance Law provides that if any part of any deficiency is due to an intent to avoid paying contributions to the Fund, fifty percent (50%) of the total amount of the total deficiency, in addition to the deficiency itself, shall be assessed, collected and paid in the same manner as if it were a deficiency.

During the audit of your records, our auditor found that although a previous audit of your records indicated that you must pay contributions on the renumeration paid to all of your employees, you failed to include the earnings of these persons in quarterly reports subsequent to the prior audit period. This action indicates an intent on your part to avoid the payment of unemployment insurance taxes and we have, therefore assessed a penalty of $15,000.00 in accordance with the law, resulting in the total amount due of $45,000.00. This does not include interest to date or any previous underpayment to your account.

We suggest you remit the amount due as soon as possible to avoid the further accrual of interest. Interest is assessed on late payments at the rate of 12% per annum from the due date to the date of actual payment. When submitting payment, enter the amount of your remittance on the enclosed Employer Payment Transmittal, and forward your check to New York State Employment Taxes, PO Box 4301, Binghamton, NY 13902-4301.

If you disagree with our determination, you may request a hearing within thirty days of the date of this letter. Your request must be in writing and include the basis of your disagreement.

If you have received a letter similar to the sample one above, please call our office to learn your rights.

Our NY Severance Pay Attorneys have represented counseled many employees of J.P. Morgan Chase who have been laid off, had their positions eliminated or otherwise been disciplined. Earlier this week, Chase announced that it plans to cut over 17,000 jobs by the end of next year. The amount of reduction represents over 6% of its workforce and is not insignificant. It is the largest bank in the United States based on its assets. The company has already gone through several rounds of layoffs and these deep cuts will affect several business lines, including the mortgage banking business and divisions involving investment banking. If you were selected for a reduction in force or otherwise affected, contact our Chase Severance Lawyers to confidentially learn your rights and see if and how we can maximize your severance terms. During these difficult economic times where gaps of unemployment are common and it is not always easy to find new employment with the same compensation and benefits, it is critical that you maximize the terms of your severance package. We can help you during the uneasy process of losing your job. We have counseled hundreds of employees who have been presented with a severance agreement. You should not sign the agreement without speaking with an experienced employment lawyer first - generally, the agreement is written for your former employer's benefit, not necessarily yours.

The following are just a few examples of why the agreement is not necessarily in your benefit and why you need experienced employment counsel on your side immediately:

1. Many severance agreements include non-compete and non-solicitation provisions that can negatively impact you for years after your termination and hurt your ability to find a new job. It is critical to review these provisions carefully and understand how they can impact you. Not only could you be unemployed, your ability to find a new job could be made harder as well. Many executives the financial industry are subject to garden leave provisions. Each provision requires its own analysis as legality of provisions could be dependent the facts surrounding your termination.

2. Generally, most severance agreements include a release provision that states you are agreeing to never sue your former employer for any reason in the future. There are some exceptions but for the most part - this is why companies provide with you severance. They are buying your promise never to sue them again. If you have a valuable claim against the Company, your severance amount should reflect that. You should speak with experienced employment lawyer to determine if you have a claim against your former employer and what is the value of such a claim. Generally, you cannot sign the severance agreement and then sue your employer for actions that occurred during your employment. Accordingly, it is important for you to act now.

3. Generally, your healthcare coverage will terminate on your last day of employment. As you most likely know, healthcare costs are significant and many former employees cannot afford continuing coverage during periods of unemployment. You should understand whether there is a basis for the company to continue paying your healthcare costs after your termination.

4. You may be entitled to certain payments even if you do not sign the severance agreement. Moreover, the severance agreement can affect your ability to collect unemployment insurance benefits, which can be critical in this time. It is imperative that you understand your rights and obligations if you sign the severance agreement and if you do not.

5. The agreement may preclude you from applying for re-employment with the Company and its affiliates and subsidiaries (which are often not defined). Depending on the size of the Company, you could be precluded for working for a significant number of companies. Again, that is not ideal when you are looking for new employment.

Call our NY, NJ & CT Severance Package Attorneys at (800) 893-9645 to confidentially discuss your rights and options so that you can negotiate the best possible severance package you deserve to help you navigate through these difficult times. We will review your agreement paragraph by paragraph with you so you understand the ins/outs of your agreement. We will let you know how we can maximize your severance package.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

Are you a police officer or firefighter and were you injured in the line of duty? New York firefighters put their lives on the line every day they report to work. It's a risky profession. An injury in the line of duty can be devastating to a the firefighter and his or her family. Many individuals mistakenly believe that a firefighter's only remedy for an injury that occured during work is to file a workers compensation claim. While that make be the case for most employees, it is critical to understand that firefighters have additional protections available. It is very important for injured firefighters seek experienced counsel immediately to protect their rights and recover monies for their damage.

According to the Firefighters' Rule (i.e., NY General Muncipal Law Section 205-a), initially passed in 1935, enables injured firefighters to bring a lawsuit when they get hurt while working if the injury was caused by a property owner's violation of law, rule or regulation. The law specifically states that a cause of action [exists] for firefighters who suffer line-of-duty injuries directly or indirectly caused by a defendants violation of relevant statutes and regulations." Some common violations include building code violations and electrical violations. Many times the analysis of a case will depend on the strength of the casual connection between the injury and the violation. For example, if an individual trips, falls at a fire site and get injured, that may not be the basis for a claim unless the injury was caused by the builder owner's negligence. If the injury was due to the individual's clumsiness and not because the property was defective in a material manner, the claim under a lawsuit may not be that strong. However, the worker could still proceed with a workers compensation claim.

A firefighter reported to a business's premises (i.e., doughnut shoppe). In the course of battling the fire, the firefighter suffered severe burns and smoke inhalation. The firefighter alleged that the building owner did not maintain the building in a safe condition. The property owner claimed the injury was unrelated to any violation and was caused by the firefighter's own behavior. The highest court in New York, the Court of Appeal, stated that "a factual question [was raised] as to whether defendants' violations resulted in a malfunctioning fire control system that directly or indirectly caused plaintiffs injuries by failing to prevent the fire or by exacerbating it." As a result, the injured worker's claim was allowed to proceed.

Just because you take risk at your job doesn't mean you are unable to sue due to someone else's negligence. New York has enacted laws to prevent fires and injuries. We believe negligent property owners should be held accountable for injuries caused to a firefighter in the course of performing their duties. If you were injured while battling a fire and know someone who was, please call our office and confidentially speak with one of our experienced attorneys to learn your rights. Call us now at (800) 893-9645.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

In one of his first Executive Orders, Governor Andrew M. Coumo re-authorized the Joint Enforcement Task Force on Employee Misclassification. The Task Force is carefully analyzing business practices where an employee is incorrectly identified as a independent contractor or when the worker's wages are not reported by the business (i.e., the worker is paid off the books). The State has been conducting enforcement sweeps, audits and investigations of businesses. The State believes it is a serious problem because it loses tax revenues (i.e., unpaid employee payroll taxes), harms legitimate business activity and takes away rights from workers. In just one year, the State found approximately 20,000 instances of employee misclassification, approximately $400 million in unreported wages and assessed business over $14 million in unemployment insurance taxes. During the same time, the State conducted over 2,000 fraud investigations and found over $300 million dollars in unreported wages. This is a serious issue and the monetary damages can far outwiegh any short-term benefits that a company may perceive receiving by engaging in such conduct. A business can be exposed to significant liability if it does not seek and obtain legal and tax counsel in how it decides to classify its workforce. If you have any questions about your responsibilties as a employer, it is critical you speak with an experienced employment lawyer before the Department of Labor commences an investigation or a worker files a lawsuit especially in light of new legislation. Call now at (800) 893-9645 to confidentially speak with one of skilled employment attorneys.

In general, businesses with employees (even if it is just one employee) are subject to minimum wage and overtime laws and they must register with the State as an employer. They must also pay unemployment and social security taxes, withholding taxes, and must maintain workers' compensation insurance (unless there is an exemption). There are two main instances when misclassification can occur.

This is the most common instance - a worker who performs duties similar to what an employee would do yet the company calls the individual an independent contractor perhaps to save on the payroll taxes and to avoid providing employee benefits. Courts in NYS review the totality of the circumstances of the working relationship to determine if the worker was an employee or not. Although no one factor is dispositive, some of the main issues include the following:

1. How, when and where is the individual working. Does the business control and supervise the work?

2. Is the worker providing the same type of services as the business? For example, if the Company provides security services and the worker is a security guard, there may be a presumption that the worker is an employee. However, if the worker is a computer specialist who does not do any security work, this factor would support an independent contractor relationship.

3. Does the worker have his or her own business and advertise to the public? Generally, a LinkedIn account is not sufficient.

This analysis is very fact specific and may even depend on the agency conducting the investigation as each agency as its own criteria. The penalties can be substantial. Some investigations can go back over 3 years.

If a business pays a worker off the books and does not deduct any monies for payroll taxes, misclassification may have occured. Even if a worker agrees to this scenario (and many times that does happen), it can cause serious problems for an employer with the IRS, NYS DOL and other agencies.

There are other methods that misclassification can occur as well. Call our to office to learn more about misclassification issues at (800) 893-9645.

The NYS Department of Labor has recently increased its enforcement, including conducting investigations and issuing penalties, against companies who classify workers as independent contractors instead of employees. This classification determination is critical and should be made before the workers starts providing services. If there is a misclassification, the results can be financially significant for companies. In addition to an audit by the DOL, your business could face inquires from the IRS and other NYS agencies and/or be sued in a class action by one of your workers. It is imperative that you seek experienced employment law counsel immediately to ensure that your practices are compliant with federal and state law especially in light of new legislation including the NY Wage Theft Prevention Act. Just calling a worker an independent contractor is not a defense nor is having a template agreement stating the same -- these are common errors by businesses. Call our award winning employment counsel at (800) 893-9645 to confidentially discuss whether your workforce is properly classified and how to defend your business from an audit and related investigations.

In general, New York courts use an "overall control" test under which is it very difficult to demonstrate an independent contractor relationship. No one factor is dispositive; rather, the inquiry is focused on who controls and directs how, where and when the services are performed. Below are some is a list of some of the factors considered for the analysis:

It is worth noting that some state agencies and the IRS use a different test and/or factors. As you can readily be seen, it is difficult to escape a finding of employee/employer relationship and establish an independent contractor relationship. Prevention of independent contractor/employee disputes requires careful legal analysis. Incorrect classifications can lead to class-wide implications and liability. If you have any questions regarding your use of workers, please call our office to speak with our experienced employment law counsel.

Continue reading "New York Department of Labor Audit and Use of Independent Contractors - Misclassification Analysis" »

Recently, biotechnology giant Amgen Inc. agreed to pay $762 million dollars to settle charges of criminal fines and civil claims that it engaged in several illegal marketing practices to increase sales of its drugs for unapproved uses to treat kidney disease and cancer. In addition, Amgen allegedly incorrectly reported and manipulated its prices for certain drugs including Aranesp, Enbrel, Epogen, Neipogen and Sensipar. Specifically, it was reported that the prescription drug, Aranesp, which was approved by the FDA for stimulating red blood cell production for anemia patients, was illegally marketed and prescribed to treat anemia and cancer and also prescribed at abnormally high doses. Furthermore, it was alleged that Amgen gave illegal kickbacks to medical professionals in exchange for submission of false claims to the Medicaid and Medicare programs. Amgen's alleged activities defrauded the federal government and formed the basis for several claims against the company, including fraud and anti-kickback statues. One of whistleblowers, former Amgen employee, Kassie Westmoreland, claimed that Amgen gave "liquid kickbacks" to doctors. In total, 9 separate lawsuits were filed against the Company by whistleblowers. If you believe that your employer or a third party is engaging in Medicaid fraud, call (800) 893-9645 to confidentially speak with one of whistleblower attorneys. It is very important to be the first person to file a lawsuit as there are valuable potential benefits to be gained.

The scope of Amgen's alleged activities was significant and ran for approximately ten years from 2001 to 2011. The New York State Attorney General stated that "[t]here are no excuses for illegally marketing off label drugs, offering kickbacks to health care professionals and ripping off the taxpayers by defrauding Medicaid and other programs." The settlement monies will be used to offset the losses caused by Amegen's alleged conduct. The US Attorney General stated that "[i]nstead of working to extend and enhance human lives, Amgen illegally pursued corporate profits while jeopardizing the safety of vulnerable consumers suffering from disease. Americans expect - and the law requires - much more." These type of conduct is very serious and carries potential criminal liability as well. Not only will Amgen pay hundreds of millions, it pleaded guilty today to a misdemeanor charge in federal court - the United States District Court for the Eastern District of New York - because it sold and transported a misbranded drug into interstate commerce. As a condition of the settlement, Amgen was required to sign a Corporate Integrity Agreement with the United States Department of Health and Human Services, Inspector General Office.

Aranesp was one of Amgen's best sellers for a decade and contributed to Amgen's rapid rise in the drug industry. The drug posted revenues of $2.3 billion in 2011, but its sales have steadily declined amid safety warnings and increased scrutiny caused by the lawsuits.

Please call our office to speak with one of Fraud Attorneys to confidentially discuss your rights and options.

Unfortunately, as it is often stated in the movies, ignorance is no excuse for a violation of the law. In recent years with the enaction of new legislation (i.e., NYS Wage Theft Prevention Act and Domestic Workers Bill of Rights), it has become more and more difficult to properly hire a nanny or home health aide to care for our loved ones. Many times innocent errors are made and they can lead to significant monetary fines. It is imperative that you obtain legal advice from an experienced NY Worker's Compensation Penalty Defense Lawyer as soon as possible because the time period to assert your defenses is very limited. If you do not act or fail to act in an appropriate manner, the penalties can be more than $100,000.00. Our employment lawyers have been helped many homeowners and family members who have hired home health aides to care for their parents or nannies to help with child care issues. We have saved our clients more than $1,000,000.00 in penalties and fines. Call us now at (800) 893-9645 to learn if we can help you save money, time and aggravation.

Under certain situations, homeowners are required to obtain and maintain state workers compensation insurance coverage for domestic workers including nannies. If you fail to do so, you may be issued a penalty for non-compliance. For example, if your child care aide or nanny works more than 40 hours per week for you, you may be required to have workers compensation insurance coverage. Often homeowners incorrectly believe that their homeowners policy will cover them but many times it is not sufficient.

Our employment law attorneys know the law and will present your best defense and try to prevent any further government agencies from conducting an inquiry. If not handled appropriately, the NYS Department of Labor may also conduct an investigation, Ideally, you should speak with an experienced attorney before you seek to hire a domestic worker so you can properly determine the employment classification issues, appropriate tax treatment and insurance coverage issues. That being said, if you are issued a penalty notice from the NYS Workers Compensation Board because you employed a domestic home health aide or other employee, call now to speak with our penalty defense attorneys now at (800) 893-9645.

Look for our post later this week - it will discuss the requirements as an employer under the recent legislation.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

We are pleased to announce our 2nd Annual New York Speeding Ticket Defense lecture. We will hold our lecture on February 19, 2013 and February 21, 2013.

Joseph P. Villanueva will share his years of knowledge in two lectures in Nassau Bahamas at the Lagoon Court Center.

Turn out for the lecture is expected to be at maximum capacity so anyone planning on attending must register in advance by February 1st. If you are accepted into the program, you will receive a confirmation email. If you want to attend, please send us an email in the "contact us" box on this page. Walk-ins will not be accepted.

Background:

Mr. Villanueva is the lead trial attorney at Villanueva & Sanchala, PLLC. He has been trying cases as soon as he graduated law school. He spent his first three years working for New York City prosecuting criminal matters and civil cases. After leaving his employment with the City, he joined a Fortune 500 Company as a Senior Trial Attorney. He has handled cases ranging from major felonies to divorce and traffic matters.

Mr. Villanueva is a highly regarded attorney with his main office in Scarsdale New York. He has been recognized by avvo.com as 10.0/10.0. He has been named one of the Top Lawyers in New York and one of the Best and Brightest in the entire Northeast.

The Lecture: Defending Traffic Cases in Local Court

1. Traffic Courts: Traffic Violations Bureau (TVB) vs. Local Courts in Villages and Towns
2. Burdens of Proof: When Does Proof Beyond A Reasonable Doubt Apply
3. Supporting Depositions: Am I Entitled To One?
4. Court: What Should I Expect
5. Plea Bargaining
6. Spotlight on VTL 1180
7. Miscellaneous Laws: Move Over Act & Texting While Driving
8. The Trial

Opening Statements
Fundamentals of Cross Examination
Direct Examination
Basic Understanding of Radar
Summation

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

Ms. Deisy Mora, a teenage employee of WirelessComm, a distributor of the Metro PCS cell phone service, alleged that she was sexually harassed during her employment by her manager. Specifically, Ms. Mora alleged that her supervisor made offensive sexual comments and sent her unsolicited text messages and photos. When Ms. Mora's complaints of the hostile work environment went unanswered and the sex harassment continued, she resigned. Under the law, a resignation under these circumstances may be considered a constructive discharge. If you believe you are subject to sexual harassment in your workplace, call our NY, NJ & CT Sexual Harassment Attorneys at (800) 893-9645 to confidentially learn your rights and legal options. Our attorneys have represented many victims of abuse in the workplace and can assist you in fighting back.

Sexual Harassment is Illegal under Federal Law, State Law and Local Laws

Sexual harassment is a form of unlawful sex discrimination under Title VII of the Civil Rights Act of 1964 and the relevant local human rights laws in New York, New Jersey and Connecticut. There are two types of conduct that can form the basis for a sex harassment complaint.

The first type of sexual harassment is called "quid pro quo" harassment. Generally, this may occur if a supervisor requests (or demands) a sexual favor in exchange for a promotion or another employment benefit. For example, a supervisor, co-worker (or even a third-party vendor or client) may seek to condition a promotion, raise, desirable work schedule or some other preferential treatment for a sexual favor. In addition, continued employment that is dependent on a sexual or personal relationship with a manager or another person may also constitute "quid pro quo" harassment. Even if you have submitted to such an advance, you may be entitled to file a claim because it could have been under duress. Examples of inappropriate sexually harassing behavior include unwanted comments about your body, repeatedly asking you out on a date, unwanted sexual advances or flirting, and the unwanted touching of your person or clothing.

The second type of sexual harassment called a hostile work environment was alleged by Ms. Mora. Specifically, this may occur if you experience discriminatory conduct or harassment in the workplace so severe or pervasive that you feel intimidated, ridiculed or insulted and your job performance is adversely affected. In order to legally constitute a hostile work environment, the environment must be considered "hostile" by you and by a reasonable person's standard. Some examples of prohibited conduct include: unwelcome lewd joking or obscenities, derogatory gestures, pornography in the workplace, sexually degrading emails/texts, pictures, posters and screensavers. In recent years, a greater number of sexual harassment claims involve texts or emails - copies of these harassing communications can prove to be very persuasive of your claim. Do not erase them.

WirelessComm not only agreed to pay $97,000 to settle the claim, it also agreed to hire an equal employment opportunity consultant and a human resources consultant to revise its EEO policies; train the owner and staff regarding anti-discrimination laws; monitor the workplace; respond to any allegations of harassment arising during the pendency of the decree; and report harassment complaints to the EEOC. These remedies are dramatic and will help to prevent any future incidents. Employees, especially teenage employees, should not be subject to a hostile work environment.

If you have any questions about your workplace or sexual harassment, call our attorneys at (800) 893-9645 to educate and protect yourself.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

Our New York DOL Audit Defense Lawyers have educated, defended and protected many businesses while being audited by the government for alleged violations of the Fair Labor Standards Act and/or NY Labor Law (including non-payment of unemployment insurance benefit taxes). In this downward economy, it is not surprising more and more companies' payrolls are being scrutinized in an attempt to increase tax revenues and confirm employee eligibility under federal immigration law. We previously wrote about I-9 immigration compliance audits. New York state and the federal government have targeted certain industries. An audit can commence for several reasons. Generally, it starts with a visit from an investigator and a request for your payroll and employee records. It is imperative that you have experienced counsel immediately. If you are being audited or believe you could be at risk for an audit, contact our New York Employment Lawyers to confidentially learn your rights before making any statements that could later hurt you. You should be prepared and know your legal options before an investigation is started against you. Since the federal and state laws are complex and many times against an employer, resolution of these matters can be difficult.

Your recordkeeping practices are critical in an audit. Quite frankly, the absence of payroll records can be damaging. This underscores the reason for preparation - you want to make sure your business practices are in order before an audit. We recommend our clients perform self-audits on a regular basis to ensure that their practices are in compliance with the ever changing field of employment law.

Recently, in cost cutting maneuvers, many companies have decided to classify many of their workers as independent contractors and issuing them a 1099 tax form instead of treating them like employees and issuing a W-2 tax form. Companies try to designate individuals as independent contractors so that save on payroll taxes and insulate themselves from employment discrimination and other legal liability. Many employers mistakenly believe that simply issuing a 1099 tax form automatically means a worker is an independent contractor. This is wrong. The classification of an employee or contractor is a detailed and fact specific inquiry. One size does not fit all here. You should consult with an experienced attorney to learn the bases for the proper designation before. New York State has increased its efforts to crackdown on misclassification cases as violations can raise tax revenues.

2. Failure to Pay Overtime Compensation

Generally, an employee is entitled to overtime compensation if the employee works over 40 hours in a workweek (or 44 hours in a workweek for a residential employee). Although there are several exemptions to the overtime pay requirement (i.e, executive, administrative, computer professional, learned, etc.), these exemptions are very fact specific and can also change during a worker's career. Failure to pay overtime is a leading basis for litigation against small employers today. The exemptions are not simple and the administrative exemption is a misnomer. It is important that you obtain counsel from an experienced employment law attorney. A mistake in classification can cause class-wide implications and significant potential damages.

Call our office at (800) 893-9645 to protect your business from an audit or if you have any other employment-law compliance issues.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

Beware - many employers receive a bill from the NY Department of Labor for unpaid unemployment insurance benefit taxes and because of the relatively small size of the bill, they simply pay the bill. This is a tremendous mistake and can set off a chain of unintended and very expensive consequences. Our Workers Comp Penalty Defense Attorneys have discovered that a greater number of employers are being audited for non-payment of taxes relating to unemployment insurance benefits. In general, employers are required to pay a percentage (ranging from 4.1% to 10%) of each employee's first $8,500 in wages for unemployment insurance benefits taxes. There is a real risk in paying a nominal bill if you disagree with the underlying basis (i.e., that you did not have any employees and as such should not be required to pay this tax). The typical nightmare scenario occurs when a business has treated individuals as independent contractors and not as employees and the Department of Labor opens an investigation regarding this practice. Now, while it is possible that this classification was proper and legal but many companies are not savvy enough to fight the audit. In some cases, employers decide to simply pay the alleged back taxes owed for unemployment insurance benefits because it could be cheaper than paying legal fees and so that they can get back to focusing on operating their business. This seemingly innocuous decision can present disastrous results as the New York State Department of Labor, Unemployment Insurance Division, shares its information with the New York State Worker's Compensation Board. Shortly after a business decides to pay the unpaid unemployment insurance benefit taxes, which are generally not significant, they are surprised to learn that they hit with a tremendous bill (many times over $100,000.00) from the New York State Worker's Compensation Board for failing to carry workers compensation insurance coverage. If a company does not have any employees or covered individuals, it is generally not required to carry workers compensation insurance. However, if it admits it had an employee by paying taxes - this can cause a proverbial pickle. Critically, some of the business' legal defenses may be compromised from their earlier admission by paying the New York State Department of Labor taxes and thereby admitting that they had employees and were required to have workers compensation insurance coverage. Companies and employers must strategically consider all of its responses to government agencies especially agencies that could issue penalties in excess of $100,000.00.

If your business has received a notice from the NYS Department of Labor or NYS Workers Compensation Board, you should call our office immediately to learn your rights. Call now for a confidential consultation (800) 893-9645.

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Our award-winning Severance Agreement Attorneys have counseled many employees of Citigroup, Pfizer, New York Times and Living Social, all of which are expected to have another round of layoffs or buyouts. Specifically, Pfizer has stated it may make personnel changes to its field drug sales representatives and Living Social, NY Times and Citigroup have stated that they will offer buyouts and layoff some of their workforce. Some cuts are drastic as Living Social may lay off 10% of its workforce. If you were selected for a reduction in force, otherwise terminated or disciplined, call our Severance Package Lawyers to confidentially learn your rights and see if and how we can maximize your severance pay. In these difficult economic times where gaps of unemployment are all too common, it is critical that you maximize your severance package and learn your workplace rights. We have helped hundreds of employees navigate the scary process of losing their jobs and resulting uncertainty. You should not sign the agreement without speaking with an experienced employment lawyer first - the agreement is written for your former employer's benefit, not necessarily yours. Don't waive your valuable rights.

IMPORTANT REASONS FOR YOU TO CONTACT AN EMPLOYMENT LAWYER

Below are some examples of why your employer's severance agreement may not be in your benefit and why you should seek the advice of experienced counsel immediately:

1. Generally, most severance agreements include a release provision that states you are agreeing to never sue your former employer for any reason in the future. There are some exceptions but for the most part - this is why companies provide with you severance. They are buying your promise never to sue them again. If you have a valuable claim against the Company, your severance amount should reflect that. You should speak with experienced employment lawyer to determine if you have a claim against your former employer and what is the value of such a claim. Generally, you cannot sign the severance agreement and then sue your employer for actions that occurred during your employment. Accordingly, it is important for you to act now.

2. Many severance agreements include non-compete and non-solicitation provisions that can negatively impact you for years after your termination and hurt your ability to find a new job. It is critical to review these provisions carefully and understand how they can impact you. Not only could you be unemployed, your ability to find a new job could be made harder as well.

3. Generally, your healthcare coverage will terminate on your last day of employment. As you most likely know, healthcare costs are significant and many former employees cannot afford continuing coverage during periods of unemployment. You should understand whether there is a basis for the company to continue paying your healthcare costs after your termination.

4. You may be entitled to certain payments even if you do not sign the severance agreement. Moreover, the severance agreement can affect your ability to collect unemployment insurance benefits, which can be critical in this time. It is imperative that you understand your rights and obligations if you sign the severance agreement and if you do not.

5. The agreement may preclude you from applying for re-employment with the Company and its affiliates and subsidiaries (which are often not defined). Depending on the size of the Company, you could be precluded for working for a significant number of companies. Again, that is not ideal when you are looking for new employment.

Call our NY, NJ & CT Severance Package Attorneys at (800) 893-9645 to confidentially discuss your rights and options so that you can negotiate the best possible severance package you deserve to help you navigate through these difficult times. We will review your agreement paragraph by paragraph with you so you understand the ins/outs of your agreement. We will let you know how we can maximize your severance package.

Continue reading "NY Severance Agreement Attorney - Citigroup, Pfizer, Living Social and the NY Times announce layoffs or buyouts" »