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 [...]

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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. [...]

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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 [...]

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U.S. Supreme Court Upholds Arizona Law Which Revokes Business Licenses Of Companies Which Intentionally Employ Illegal Immigrants; Court’s Decision Clears Way For New Jersey Bills Which Would Require Employers To Use E-Verify

June 20, 2011

The federal Immigration Reform and Control Act of 1986 (the “ICRA”) preempts “any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit, or refer for a fee for employment, unauthorized aliens” (emphasis added).  8 U.S.C. § 1324a(h)(2).  This post sometimes refers to the italicized [...]

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Does The Merger Clause Of A Broker’s Promissory Note Prohibit The Broker From Suing The Brokerage Firm In New York For Fraudulently Inducing Him To Join The Firm?

June 15, 2011

“I could have been a contender.” — Marlon Brando as Terry Molloy in On the Waterfront When, in a promissory note arbitration brought before FINRA in New York, the respondent broker’s promissory note contains a merger clause or integration clause, the question arises: Does the merger clause prohibit the broker from successfully maintaining a counterclaim against the [...]

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New Jersey Supreme Court Allows Convicted Drunk Drivers To Sue The Bars And Restaurants That Served Them Alcohol

June 8, 2011

On June 1, 2011, in Voss v. Tranquilino, No. A-110-09 (N.J. June 1, 2011), the New Jersey Supreme Court, affirming the judgment of New Jersey’s Appellate Division, held, in a per curiam opinion from which two Justices dissented, that a driver of a motor vehicle who is convicted of, or pleads guilty to, driving while [...]

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