In the past few years, the Supreme Court has had to make a number of decisions regarding the rights of businesses to accept and reject certain transactions and whether to provide certain benefits. In the 2014 case of Burwell v. Hobby Lobby Stores, Inc., the Court decided that laws that contradict or interfere with a business’ right to exercise religious freedom may be unconstitutional and impermissible. In that case, President Obama’s healthcare plan required that certain businesses provide healthcare coverage to their employees, which included the requirement to provide coverage for female contraception. Continue reading “The Religious Rights of Business Owners and the Right to Refuse Service”
Category: Business Law
Compliance Is Key to Running a Successful Business in New York City
A New York City hospitality owner should always remain compliant with both state and city regulations, otherwise he or she will be subject to hefty fines and penalties. In New York City, bars, restaurants, and nightclubs are the most likely to be subject to noise, food, or health code violations by agencies such as the Department of Health, Department of Buildings, FDNY, NYPD, NYS Liquor Authority, or even the Federal Alcohol Tobacco and Firearms Agency (ATF). Continue reading “Compliance Is Key to Running a Successful Business in New York City”
What Employers Need to Know About New York’s Anti-Discrimination Laws
New York employees are protected against employment discrimination under federal, state and local laws. Several federal laws extend protection against discrimination to employees. The most prominent law is Title VII of the Civil Rights Act of 1964 (Title VII). Title VII prohibits employers from discriminating against employees based on sex, race, color, national origin, and religion. Both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) extend employee protections to more categories than federal law. Continue reading “What Employers Need to Know About New York’s Anti-Discrimination Laws”
NY Paid Family Leave to Apply to All Private Businesses, Regardless of Size
On January 1, 2018, New York State’s Paid Family Leave Benefits Law (PFL) will go into effect. Under the legislation, PFL will be a mandatory benefit in New York that will provide paid time off to employees to bond with their new child, care for a seriously ill loved one, or to address family issues that may arise due to a qualifying military exigency, while protecting their employment. PFL is designed to phase in over four years, increasing annually in weeks available and max percentage of average weekly wage. Continue reading “NY Paid Family Leave to Apply to All Private Businesses, Regardless of Size”
New York Law to Protect Freelance Workers Goes Into Effect
New York City is the first city to implement a law to protect its 1.3 million freelance workers against nonpayment. The Freelance Isn’t Free Act (FIFA) mandates that employers sign a contract for freelance work that is valued at $800 or more, either for a single job or total services contracted within a 120-day period. The contracts must include the date the freelancer will receive payment; if they do not include the date of payment, businesses must compensate the freelancer within 30 days of completing the work. FIFA seeks to protect freelance workers against employer retaliation and can increase financial consequences for employers who violate the new rules. Continue reading “New York Law to Protect Freelance Workers Goes Into Effect”
How a Government Shutdown Can Affect New York Businesses
It was recently announced that, if Congress does not pass a spending bill by April 29, 2017, the federal government will run out of money and shut down. Congress has yet to present a spending bill and, without one in place, the federal government is not authorized to pay its expenses. The last government shutdown lasted 16 days in October 2013 and cost American taxpayers $2 billion for lost productivity, according to the Office of Management and Budget. When the federal government shuts down, it not only affects federal government workers, but also businesses and the U.S. economy overall. Continue reading “How a Government Shutdown Can Affect New York Businesses”
New York City Sues Verizon in Contract Dispute
New York City’s continued wait for access to Verizon’s FiOS service has resulted in a lawsuit. Verizon promised the city in a 2008 contract to provide access to its fiber-optic FiOS service to all New York City residents by the year 2014. Three years later, Verizon has not come close to meeting the goal. The original contract was agreed upon by the parties in order to provide New York City residents more options for receiving affordable cable television service. Continue reading “New York City Sues Verizon in Contract Dispute”
New York Employer Guidelines for Wage Garnishment
When an employee does not pay off his or her debt, a creditor may turn to wage garnishment as a means of collecting the money that is owed. Under New York State law, creditors are restricted in the amount that they can garnish from an employee’s wages for repayment of debt. It is important that New York employers accurately and appropriately manage wage garnishment while remaining in compliance with the law. Continue reading “New York Employer Guidelines for Wage Garnishment”
What to Consider When Drafting a Partnership Agreement
Starting a partnership can be a very exciting time for new entrepreneurs. When starting a partnership in New York, there are several steps to follow. While drafting a partnership agreement is not mandatory in New York, it is recommended so that there are no misunderstandings between you and your business partners. Executing a well-drafted partnership agreement can help your partnership plan for any future occurrences and help your business run smoothly. In drafting a partnership agreement, there are several things that should be covered. Continue reading “What to Consider When Drafting a Partnership Agreement”
Forming a Limited Liability Company
The first step to forming a business in New York State is to decide what type of entity is best. Each type of entity has their own benefits, but the decision is often made based on the structure, liability, tax, and management considerations surrounding your future business. A Limited Liability Company (LLC) offers a significant amount of flexibility and allows the business the liability protection of a corporation with the tax treatment of a partnership. Continue reading “Forming a Limited Liability Company”
