May My Company In New York Recoup The Cost Of Obtaining An H1-B Visa For An Employee Who Quits?

September 19, 2011

An H-1B visa allows qualified foreign workers to engage in temporary employment services in a “specialty occupation.”  An H-1B visa may be obtained for an initial period of up to three years and may be extended for an additional three years.   The employer must file the H1-B petition with a U.S. Citizenship and Immigration [...]

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FINRA Arbitration Panel In New York Awards $493,000 Unpaid Bonus To Former Citigroup Trader

September 8, 2011

In June 2011, an arbitration panel of the Financial Industry Regulatory Authority, Inc. (“FINRA”) in New York awarded compensatory damages of $493,906, plus costs, to a high yield trader formerly employed by respondent Citigroup Global Markets, Inc. (“Citigroup Global Markets” or “CGMI”), for breach of an implied contract to pay the trader a bonus for [...]

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LexisNexis Nominates The New York Business Litigation And Employment Attorneys Blog For Top 25 Labor and Employment Law Blogs Of 2011 – Please Vote For Our Law Firm’s Blog!

August 29, 2011

We sure would appreciate you voting for our law firm’s blog, the New York Business Litigation and Employment Attorneys Blog.
Our law firm’s blog has been nominated by LexisNexis for its Top 25 Labor and Employment Law Blogs of 2011. Votes and comments posted online will help determine the winning blogs.  You do not need to [...]

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My Business In New York Reimburses Its Employees For Relocation Expenses, Graduate School Tuition, And The Like. If An Employee Quits Within A Certain Period Of Time, Can My Company Lawfully Make The Employee Repay These Monies?

August 15, 2011

Many employers in New York State either pay, or reimburse their workers for, certain expenses incurred outside the scope of the workers’ employment.
For example, a mid-sized or large business may reimburse a new employee who resides in a distant state for the expense of relocating to the employer’s state.  So, too, a large company may reimburse a promising employee for [...]

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Owners May Be Individually Liable For Business’s Violation Of Consumer Fraud Regulations, New Jersey Supreme Court Holds

August 9, 2011

Last month, in Allen v. V & A Brothers, Inc., No. A-30 Sept. Term 2010, 066568 (N.J. July 7, 2011), the New Jersey Supreme Court, New Jersey’s court of last resort, modifying and affirming in pertinent part the judgment of New Jersey’s Appellate Division, held that when a company violates regulations issued under the New [...]

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Must My Company Give Meal Breaks To Its Employees In New York?

July 25, 2011

This blog post discusses the meal breaks and breaks to express breast milk which an employer in New York State must provide to its adult employees.  For rules limiting the hours of work of minors (that is, persons less than 18 years of age) in New York, see this author’s December 8, 2010 blog post.
Time [...]

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FINRA Arbitration Panel Awards $6.8 Million To Former Wells Fargo Broker Under New Jersey Whistleblower Law

July 18, 2011

On July 6, 2011, after an 11-day hearing, an arbitration panel of the Financial Industry Regulatory Authority, Inc. (“FINRA”), sitting in Philadelphia, Pennsylvania, awarded compensatory damages of $4,300,000 to broker Gregory P. Kipple (“the claimant broker,” “the broker,” or “Mr. Kipple”), who allegedly was fired by respondents Wells Fargo Advisors, LLC (“Wells Fargo”) and Wachovia [...]

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Must My Business In New York Give Employees Either Paid Or Unpaid Time Off For Jury Duty Or To Testify In Court?

July 11, 2011

In New York State, employers must give workers time off from work to serve as jurors.  Under specified circumstances, employers in New York must pay certain wages to employees serving as jurors.  Further, employers in New York must give unpaid time off to employees who are subpoenaed to testify in criminal cases or who exercise [...]

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What Is The Effect of New York’s Gay Marriage Law On Employers?

July 5, 2011

On June 24, 2011, New York Governor Andrew Cuomo signed into law the Marriage Equality Act, Bill No. A08354.  Effective July 24, 2011, the Marriage Equality Act (also referred to in this post as “the Marriage Equality Act” or “the Act”) amends the New York Domestic Relations Law to grant same-sex couples the ability to [...]

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May My Company In New York Take Back A Written Offer Of Employment Before The Employee Starts Work?

June 30, 2011

A company in New York State makes a written offer of employment to an individual.  Before the individual begins working at the company, the company’s profits plunge or its budget is cut significantly.
If the company withdraws the written offer of employment before the individual starts work, does the individual have a valid cause of action against [...]

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