Posts Tagged ‘liability’

Under New York State law, businesses with fewer than fifty full time employees are not legally mandated to provide a company health insurance plan.  Employers with fifty or more full time employees that chose not to offer coverage could face financial penalties imposed by the Affordable Care Act’s Employer Shared Responsibility (ESR) provision.  However, for […]

Many employers require their employees to drive as part of their job positions for various reasons.  Each October, the Network of Employers for Traffic Safety launches a national campaign called Drive Safely Work Week calling for attention to the issues concerning employee driving safety. It has been estimated that overall, motor vehicle accidents cause employers […]

As of October 1, 2015, credit card companies will be shifting liability for fraudulent transactions to merchants. Credit card companies are issuing new cards called EMV (Europay, Mastercard, and Visa) that will include a microchip to authenticate chip-card transactions and lessen the likelihood of fraud. For small businesses, this means a technology upgrade in credit/debit […]

It’s that time of the year again when many companies celebrate the upcoming holiday season by holding parties for their employees. While these events are intended as opportunities for staff to relax and enjoy themselves, they can be a hotbed of potential liability. Even if you host your holiday party off-site, the law may hold […]

We’ve often discussed importance of keeping accurate records of the hours your employees work. Here is another example of how accurately tracking your employee’s time working can help protect your business from possible claims brought by employees under the New York State Labor Law. According to § 162 of the New York Labor Law, businesses […]

Many businesses are not immune to workplace harassment. For example, a former employee of a business in Texas sued his employer for harassing him. Among other claims of verbal and physical abuse, the employee’s suit alleges that colleagues repeatedly assaulted him with a Taser. If your company does not have a process by which your […]

The Fair Labor Standards Act (“FLSA”) requires employers to pay “non-exempt” employees time and one half of their “regular rate” when they work in excess of forty hours in a week. The United States Department of Labor, the agency tasked with enforcing FLSA, has shown a willingness to aggressively initiate enforcement actions against employers suspected […]

In a few short years mobile phones have become ubiquitous in both our personal and professional lives. Modern smartphones allow businesses to communicate rapidly with consumers and help employees work together effectively. Mobile phones on the market today can send and receive emails, upload media to social sites like Facebook and YouTube, and capture high […]

Recently an attorney sought our firm’s opinion regarding an issue involving a client business’s credit card processor. Like many businesses, the client entered into a merchant agreement whereby the company agreed to accept certain credit cards for payments for services and merchandise. When a consumer tried to make a purchase by charging the entire amount […]

The Federal Trade Commission (“FTC”) has broad jurisdiction to enforce federal consumer protection laws such as the FTC Act. As such, the FTC regulates a variety of businesses, both large and small, and investigations and enforcement actions against a particular company or targeting a particular industry serve to aid other businesses in complying with the […]

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