Archive for the ‘Employment’ Category

Non-compete agreements are prevalent. The trend has been for employers to require everyone (lawn care workers, interns, summer camp workers, etc.), regardless of skill, to sign non-competes. This trend is poised to change. Recently, a journalist challenged the validity of her New York non-compete agreement when her former employer (Lexis Nexis d/b/a Law360) informed her […]

Mayor de Blasio signed into law, effective as of September 3, 2015, that prohibits employers from performing credit checks on job applicants, except in limited situations. The purpose of the law is to prohibit employment discrimination based on an applicant’s consumer credit history. The new law amends the City’s Human Rights Law concerning the ability […]

If you own a business that employs several or more people, chances are you have to be concerned with how best to deal with scheduling. Ten percent of the American workforce is subjected to on-call scheduling practices. Recently, the New York State Attorney General conducted an inquiry regarding the scheduling practices of thirteen major retailers […]

If you are running a small business, employing interns for extra help may seem like a win-win situation. College students can gain valuable real world experience, and employers can have a few extra hands around at little or no cost. As competition in the job market increases, many young adults look to internships as a […]

Many small business owners are concerned with how raising the minimum wage will affect their business. For many small businesses, employee wages are a large percentage of expenses. Recently, there has been much coverage in the media concerning the “fight for fifteen,“ a movement in New York and California to raise the minimum wage to […]

by Leonard A. Bellavia, Esq. Senior Partner, Bellavia Blatt & Crossett, PC The Fair Labor Standards Act (“FLSA”) establishes the minimum wage, overtime pay, recordkeeping, and youth employment standards that your business must adhere to.  You may not be aware that FLSA and its minimum wage provisions apply to salesperson pay.  Even if you pay your […]

by Leonard A. Bellavia, Esq. A good employee handbook serves many purposes.  It notifies employees of the standards of conduct that the business expects.  It is an excellent vehicle to describe the business’ philosophy and the expectations of the business that its employees shall work to satisfy consumers 100% of the time, operating in a […]

by Leonard A. Bellavia, Esq. Imagine the following scenarios: An employee and a consumer become embroiled in a heated disagreement.  After the consumer leaves, your employee uses his smartphone to post unflattering remarks about the consumer on the employee’s Facebook page. Another employee expresses her disapproval of a decision made by her supervisor by logging […]

by Leonard A. Bellavia, Esq. When the FTC Safeguards Rule was implemented nearly a decade ago, businesses throughout the United States incurred substantial costs to secure nonpublic personal information from would-be identity thieves and other criminals. Then, most efforts entailed securing files located in cabinets, desks and offices by placing locks on entry points.  While […]

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