Shareholder disputes can arise for many reasons from disagreements over the operations of a business to claims of conflicts of interest. It is often a problem for small businesses because the more closely involved a shareholder is with operational decisions, the greater the potential for conflict. At their worst, shareholder disputes can affect the daily…
Whether it’s Fox News, Uber or most recently, The Weinstein Company, sexual harassment claims are regularly in the news. However, you don’t have to own a big company or be famous to find yourself dealing with a sexual harassment complaint. For employers, these claims can result in significant liability as well as reputational damage and…
Earlier this month, the New York City Legislature voted to ban questions about a prospective employee’s salary history. It is the latest law to limit an employer’s ability to conduct pre-employment screening and it comes with significant liability for noncompliance. The law, which will take effect November 1, 2017, will prohibit New York City employers…
Many small businesses don’t bother to go through the process of trademarking their name, logo or symbol. A trademark is simply “a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.” A business can have a common law trademark simply by using the name or logo…
Restaurants, more than any other industry, are targets for Federal and New York State Department of Labor audits, as well as private wage and hour lawsuits. Failing to properly pay workers or keep appropriate payroll records can lead to significant financial exposure for employers. The biggest danger areas that result in liability for restaurants include…
Are you thinking of selling your business? If your business is incorporated, then one of the first issues that you will have to consider is whether you should sell the assets of the business (both tangible and intangible) or the shares of the corporation that operates the business. The decision to pursue a stock sale…
Non-compete agreements can offer valuable protection to an employer’s business interests. They are among the 10 items employers should consider including in their employee hiring packages. These agreements provide that “one party (usually an employee) will not enter into or start a similar profession or trade in competition against another party (usually the employer).” This…
As you are aware, federal changes to wage and hour laws continue to be on hold. However, New York State has enacted a number of new laws that employers must comply with in 2017. Exemption Status and Wage Increases In May 2016, the Federal Department of Labor (“DOL”) issued new rules regarding the threshold “white…
