When it comes to determining your status as an employee or an independent contractor, New York courts have relied upon a variety of factors to help draw a distinction between these classifications. Although New York and federal employment laws rely upon a series of different tests to classify workers, the main focus amongst each of these is typically the level of control that the employer has over the worker's means and methods of completing the job for which they were hired.
Read MoreAlthough generally disfavored by New York Courts, non-compete clauses/agreements are still considered enforceable in New York, so long as they meet some basic guidelines. For the most part, any restriction on a person's ability to earn a livelihood will be heavily scrutinized by courts; however, there are equally legitimate interests that employers have a right to protect.
Read MoreDespite the impending deadline of the May 15th stay-at-home order, which will undoubtedly be extended, New Yorkers are starting to imagine what life will be like when the order is fully lifted and people start returning to work. While it’s wishful thinking that things will just return to normal, the reality of this pandemic is that we are very far off from what normal use to look like. Until an effective vaccine is developed and mass produced, we will continue to live in a world of glove wearing, masks and facial coverings and life under the guidelines of the buzz word of 2020 . . . social distancing.
Read MoreOn March 18, 2020, President Trump signed into law, the Families First Coronavirus Response Act, which requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to the novel coronavirus (COVID-19). Unfortunately, this new law excludes at least half of private-sector workers, including those working at the country’s largest employers. More specifically, this law does not apply to private companies with more than 500 employees.
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