Alerts: Employment Law
When Do Writers Fall Within the FLSA “Creative” Exemption?
The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay standards for employees. How you classify employees under the FLSA is critical: there's a lot of money involved, and a mistake can lead to audits, class action lawsuits, and unnecessary expense. Two recent cases have focused on an especially difficult area of classification law - the so-called "creative professional exemption." It's an area of particular import for owners and managers in creative industries. Read more.
March 12, 2013
Alerts: Employment Law
Same-Sex Harassment Claim Will Go to Trial
Plaintiffs alleging sex discrimination in cases of same-sex harassment often have a more difficult row to hoe than plaintiffs complaining of opposite-gender harassment. For example, employers have sometimes been able to dismiss same-sex sexual harassment claims by arguing the offending words or actions did not express actual sexual desire or arise from perceived sexual orientation. But these arguments do not always work, as a New York employer learned this week. Read more.
March 4, 2013
Alerts: Employment Law
Was $70,000 Salary Reduction a “Constructive Termination” - or Did Employee Resign?
When an employment situation deteriorates, one high-stakes question is whether an employer will have to make a contractually guaranteed severance payment. Severance payments can be substantial. But an employer who takes the position an employee resigned and is not entitled to severance may find itself in an expensive litigation. Read more.
February 20, 2013
Alerts: Employment Law
Take Steps Now to Update Your Wage Notice Requirements
There are new wage and hour paperwork requirements for private-sector employers in New York and California. Here’s a brief rundown of what you need to do to comply. Read more.
New York.
January 26, 2012
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Alerts: Employment Law
NLRB Puts Social Media Policies Under Scrutiny
While an innovative social media campaign can be a great boon to business, corporate America is becoming increasingly aware of the inherent dangers of social media as well. In particular, employees' statements about employers on personal Facebook, Twitter and other social media accounts have the potential to cause a company a PR nightmare, or even subject a company to litigation. Read more.
December 6, 2010
Alerts: Employment Law
Safe Hiring: Get Applicant Consent Before Checking References
The old joke is that the assets of the agency go up and down in the elevator every day. In other words, people (along with clients and reputation) are an agency’s most important asset, and hiring and keeping key talent has never been more important. Read more.
August 20, 2010
Alerts: Employment Law
Employee or Independent Contractor: Are You Classifying Employees Correctly?
Employee "misclassification" is in the news and on the radar of law enforcement agencies. As the New York Times recently reported, federal and state officials are increasing their focus on businesses that "misclassify" employees as "independent contractors." Read more.
February 23, 2010
Alerts: Employment Law
Executive Compensation: Avoid Unnecessary Taxes on Restricted Founders Equity
Start-up companies typically issue restricted stock to founders pursuant to Internal Revenue Code ("IRC") Section 351. To encourage founders to remain with the company, start-ups often attach vesting provisions to the stock. Managing the vesting of founders equity can be tricky, and simple mistakes can create significant, unanticipated income tax liabilities. One common error we've seen occurs when such founders fail to "elect" to pay income tax at the time of the issuance under IRC Section 83(b). This article identifies this trap and helps you avoid it. Read more.
April 7, 2005
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