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Law Blog Page 17

New York’s Anti-SLAPP Amendment

New York’s Anti-SLAPP Amendment

One year ago this month, New York expanded a law to regulate defamation claims using an amendment to the State’s already standing anti-SLAPP (anti-strategic litigation against public participation) law.  The amendment was instituted to discourage nuisance-based defamation claims and lawsuits, primarily made to harass, annoy, or require a defendant to incur legal fees, when the […]

New York Paid Family Leave Expanded to Care for Siblings

For years, many New Yorkers have faced the strenuous decision of choosing between caring for the health and well-being of siblings versus the paycheck that could financially support their families.  Since the inception of the New York Paid Family Leave Policy in 2016, which was put in effect in 2018, New Yorkers have been protected […]

Fewer industries have been impacted harder by the COVID-19 pandemic than hotels. After nineteen months of quarantines, stay-at-home orders, and millions of Americans suddenly without a job, travel and hotel customer rates have faced a steep decline. Americans are more hesitant than ever to travel, and a shortage of customers necessarily places millions of jobs […]

cash

It’s perfectly legal to receive compensation from your employer in cash. It’s fast and convenient, so even employees without bank accounts can receive payment for their work. However, cash payments trigger questions and complications. You and your employer must both report payments and wages on their state and federal tax documents. Failing to do so […]

unemployment

Most people consider unemployment a financial tool available to help them if they lose their job. But what happens if your income drastically changes because of demotion? You might still have a job, but if you aren’t able to make ends meet because your income drops, is unemployment compensation available? In most cases, the answer […]

Overtime Pay

It occurs far too often in the United States that an employer, aware of an employee’s immigration status, seeks to take advantage of that status by requiring the worker to work hours exceeding forty while keeping their pay to one low rate to avoid exceeding their own salary budget.  The power dynamic of an employer-employee […]

By now, the legalization of recreational marijuana/cannabis in New York has become front page news. What has not become front page news is the ramifications of this decision on employment.  Common questions by many include: “Can my job drug test for marijuana?,” “Can I be denied employment simply because of my recreational use of marijuana:?” […]

Judge grants Conditional Certification of Collective Action in the Southern District of New York Duran v. R&L Interior Renovations and Construction, Corp., and Luis Fermin, individually; Case No.: 20-cv-9344-AJN  As previously reported on this website, in Duran v. R&L Interior Renovations and Construction, Corp., and Luis Fermin, individually; Case Number:20-cv-9344, on November 6, 2020, Lead […]

alcohol use disorder

Many workplaces have banned drinking alcohol while on the job. An employee can be disciplined if an employer determines they are under the influence during work hours. What does this mean for people with alcohol use disorder (AUD)? According to the Americans with Disabilities Act, AUD, more often called alcoholism, is a disability. This means […]

Can I Be Fired for Using CBD?

CBD

CBD, which is short for cannabidiol, is derived from the hemp plant and is an essential component in medical marijuana or lab-created. It’s one of main components in marijuana and does not cause a “high” when used alone. There is also no risk of abuse or addiction to CBD. Despite being relatively risk-free, government entities […]

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