News and Articles

APRIL 2015 NEWSLETTER

Yogi Patel - Wednesday, April 01, 2015

Dear valued clients and supporters.  This month's newsletter will focus on: (1) recent changes to the law in New York State that impacts every employer and all newly hired employees as of January 1, 2015; (2) recent U.S. Supreme Court ruling impacting an employers obligation to provide workplace accommodations to pregnant employees and (3) legal considerations when using the internet to engage in commerce.

Wage Theft Protection Act of 2010  ("WTPA")


Effective January 1, 2015, the WTPA requires all employers in New York State to provide all newly hired employees with a wage notice in English and, if applicable, the primary language of the employee as identified by the employee, within ten (10) day of hiring.  A civil lawsuit against an employer for failure to provide these wage notices may be brought by either the employee or the commissioner of the Department of Labor (on behalf of the employee), and could result in a judgment against the employer for up to $250 per workday (per employee) in which the violation occurs or continues, up to $5,000 (in addition to costs and reasonable attorney fees).  More information about the amended law, including what information needs to be included in the wage notice is available here.  

Workplace Accommodations for Pregnant Employees


The U.S. Supreme Court, in the case Young vs. United States Parcel Service was expected to determine whether and to what extent an employer is required to provide work place accommodations to pregnant employees. Both Federal, State and City law currently make it unlawful for an employer to terminate or treat an employee unequally simple because of the pregnancy.  But what the laws did not make clear is what type of accommodations must employers make for pregnant workers. The decision, which was issued on March 25, 2015, held that a plaintiff may be able to prove unlawful failure to accommodate a pregnancy-related condition through evidence that other non-pregnant employees were provided with the requested accommodation.  The decision lowers the burden for plaintiffs and raises the burden for employers to overcome. And employer policies that tend to negatively impact pregnant employees – particularly where there is evidence that the requested accommodations have been provided to non-pregnant employees – are likely to be scrutinized and may well be deemed to be unlawful.  We recommend employers to review their policies and practices with this ruling in mind, and to make whatever changes necessary to ensure appropriate accommodation of, and no adverse effect with respect to, pregnant employees.   Internet and Commerce There is no denying the impact of the Internet on commerce. Many businesses utilize websites, social media, and other web-based platforms to promote their products and services. In fact, an entire industry has emerged comprised of what are now commonly known as “e-commerce” based business – entities that rely solely on the Internet as their means of engaging in commerce. Various Federal and State laws govern businesses’ ability to advertise on the web. These restrictions depend in large part on the company’s location, where their customers live, and the industry in which they operate. Special consideration should be taken by businesses that actually engage in e-commerce (selling goods or services over the Internet), since their activities may involve more legal issues than a website that merely uses the web for advertising purposes. However, even websites that are only created for advertising purposes should be mindful of best business practices to protect themselves from liability.  An in-depth article exploring these issues is now available here


Internet and Commerce


There is no denying the impact of the Internet on commerce. Many businesses utilize websites, social media, and other web-based platforms to promote their products and services. In fact, an entire industry has emerged comprised of what are now commonly known as “e-commerce” based business – entities that rely solely on the Internet as their means of engaging in commerce. Various Federal and State laws govern businesses’ ability to advertise on the web. These restrictions depend in large part on the company’s location, where their customers live, and the industry in which they operate. Special consideration should be taken by businesses that actually engage in e-commerce (selling goods or services over the Internet), since their activities may involve more legal issues than a website that merely uses the web for advertising purposes. However, even websites that are only created for advertising purposes should be mindful of best business practices to protect themselves from liability.  An in-depth article exploring these issues is now available here.   



Recent Posts


Tags

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

Archive

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

EDIT - BlogTagCloud - Font style

description

  • 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.