News and Articles

Legal Update - March 2017 Newsletter

Yogi Patel - Wednesday, March 01, 2017

Dear valued clients and supporters: This month's newsletter will focus on: (1) changes to New York State wage and overtime laws; (2) an update in Trademark Law; and (3) intellectual property insurance.

New York State Wage and Overtime Update

While the implementation of the changes to the FLSA were stayed by a federal court late last year, Employer's in New York should be advised that the minimum wage and overtime exemption thresholds have increased under New York State law. Across New York, all employees are entitled to be paid at least $9.70 per hour and must be paid overtime if they earn less than $727.50 per week. However, in certain cities and counties, these figures are higher. In New York City, employers with 11 or more employees must pay their workers at least $11.00 per hour and grant overtime to anyone making less than $825 per week. For smaller NYC employers, these figures amount to $10.50 hourly and $787.50 weekly; in Long Island and Westchester they are $10.00 and $750.00, respectively. Employers and employees alike should be further aware that all of these thresholds are scheduled to increase again at the end of 2017.

Trademark Law Update

The United States Patent & Trademark Office (USPTO) will begin randomly auditing approximately ten percent of all "declarations of use" filed in connection with trademarks that are registered in one or more class as of March 21, 2017. A declaration of use is a document filed by the owner of a trademark stating that the that the mark is still being used in commerce as registered. The declaration of use is required to be filed between the 5th and 6th year after a mark is registered. While owners are generally only required to submit one specimen for each class under which their marks are registered, owners whose declarations are subjected to an audit by the USPTO will be required to provide additional evidence. Owners who supply insufficient evidence will find their marks subject to cancellation. As such, all trademark owners are encouraged to maintain records, including photographs, demonstrating a consistent use of their marks for all their registered purposes in order to best secure their rights in the event of an audit.

IP Insurance

Although intellectual property (trademarks, patents, and copyrights) may represent a significant source of value for a company, business owners often fail to property protect themselves in the event they are faced with an infringement lawsuit. Defensive measures, such as obtaining insurance to cover the cost of any such lawsuit, should be seen as a necessary precaution for any business that places significant value on its intellectual property. Generally, policies that are typically carried by businesses (Comprehensive General Liability or Commercial General Liability Insurance) may offer coverage for claims related to infringement, however, businesses are advised to understand whether their existing policies do in fact offer coverage related to IP infringement and are advised to seek explicit endorsements in the absence of clear language.

Readers are encouraged to follow us on Twitter (@lloydpatelllp) and Facebook to receive updates on these and other issues throughout the month.


Trackback Link
Post has no trackbacks.

Recent Posts


Federal Contractors Business Glatt v. Fox Searchlight Pictures sexual harassment training NYC Salary History Law Paid Family Leave drug testing Unions Domain Name Immigration Status Womens Rights Health Care Westchester Safe and Sick Time Laws Start-up Ventures Facebook Privacy and Litigation workplace discrimination Non-Qualified Stock Options Department of Labor Workplace Requirements Criminal Record $15 Minimum Wage Alter-Ego Doctrine Selling Business Employment Offer/Agreement stocks New York Earned Sick Time Act Employee Salary Histories Employment Law Internet Law New Address I-9 Verification Fair Work Week Legislation Mandatory Class Action Waivers Sexual Harassment Firm Announcements Nanny Audit Arbitration Agreements Credit Technology EEOC Filing Requirement Prenup Payroll Scams Postnup Minimum wage Transgender protections employment discrimination lawsuits Worker's Rights Overtime Rules NY payroll law LinkedIn Household Employees entrepreneur Sexual Harassment policy Executive Severance Lactation Law Joint-Employer Relationship Corporate Law Hairstyle Discrimination Interview Series NYC Human Right's Law's Public-Sector Union Fees NLRB Pregnancy AirBnB graduate students Right to Unionize Newsletter Divorce Browning-Ferris Case ACA Credit Checks NYC Sexual harrassment law Illegal rentals Credit History Glatt v. Fox Searchlight Pictures, Inc. Fair Chance Act Independent Contractor Web Domains commuter benefits Federal Acquisition Regulatory Council Real Estate Law Security Ban the Box Employment Contracts Trade Secrets Affordable Care Act Housing Law Interns Trade Secrets Act #meToo Fair Pay and Safe Workplace Executive Order marijuana usage Unionization Intellectual Property Privacy Trademark licensing Overtime Exemptions Fair Workweek Law National Labor Relations Board National Labor Relations Act U.S. Department of Labor Executive Negotiation Nobel Prize Negotiating Attracting Investment NQSO New York City Human Rights Law Fair Labor Standards Act Freelance Isn't Free Wage Theft Protection Act Trademark Law Apple vs. FBI Westchester County implementing new leave laws Business Law Human Rights Law Employer Mandate Interns as Employees


EDIT - blog-container - This controls the styles for the headings

EDIT - BlogTagCloud - Font style


  • EDIT  - post-body - Font style

EDIT - side-panel - This is the colour of the sidebar headings

Snap | BC Module - Blog - Blog Description

Snap | BC Module - Blog - Blog Title

EDIT - Snap | BC Module - Blog - Date - This is the date box style

EDIT - Snap | BC Module - Blog - Post Content - Font style

EDIT - Snap | BC Module - Blog - Post Title - Heading style

EDIT  - Snap | BC Module - Blog - Sidebar Content - Font style

EDIT - Snap | BC Module - Blog - Sidebar Title - Heading style

latest blog title snap text


Disclaimer: Nothing on this website is or should be construed as legal advice.
An attorney-client relationship does not exist with our firm unless a signed
retainer agreement is executed, and we do not offer legal advice through
this site or any of the content located on it. For legal advice for your
particular circumstances, please contact us directly.