Whether a business has one part-time employee or is a bustling corporation with hundreds on the payroll, there are employment laws that the business must follow. Unfortunately, many business owners are unaware of which laws apply or the fact that as a business grows, it will be subject to new employment laws. This is the first of a series of
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New York’s “Freelance Isn’t Free Act” Becomes Effective May 20, 2024, and Brings Significant Changes to Independent Contractor Arrangements
On November 22, 2023, Governor Hochul signed into law the New York Freelance Isn’t Free Act, which mandates written contract, payment, record keeping, and anti-retaliation requirements on businesses that hire freelance workers. The Act is similar to New York City’s Freelance Isn’t Free law that was enacted in 2017, however, the State version is broader in scope and applies…
Understanding the Difference Between HR Consultants and HR Attorneys: Which One Does Your Business Need?
Employees working
A Human Resources (HR) consultant and an HR / employment law attorney are two distinct roles within the field of human resources, and they serve different functions. Yet many small business owners often confuse the two roles. This post will aim to clarify the distinction for anyone who is confused by the difference between the two roles.HR ConsultantHR…
New York Extends Statute of Limitations for Discrimination Claims to Three Years
Effective February 15, 2024, the statute of limitations for unlawful discrimination under the New York State Human Rights Law (NYSHRL) becomes three years. Previously only claims for sexual harassment were subject to a three year statute of limitations under the NYSHRL, with all other claims of discrimination having a one year statute of limitations. The NYSHRL is an expansive law…
Starting March 12th, New York Employers Will Be Prohibited from Requiring Access to Employee Personal Accounts
On March 12, 2024, New York Labor Law Section 201-i becomes effective and prohibits employers from requesting or requiring that an applicant or employee disclose a username, password, or other means to access a personal account or service. This will effectively ban New York employers from demanding access to employee (or applicant) personal social media accounts, videos, photographs, blogs, instant…
The U.S. DOL Finalized its Employee or Independent Contractor Classification Rule
On January 10, 2024, the U.S. Department of Labor (USDOL) published its final rule defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final rule becomes effective March 11, 2024. The final rule rescinds the USDOL’s 2021 rule, which had arguably expanded the definition of an independent contractor under the FLSA. The USDOL has also published “Frequently…
FinCEN's Online Portal is Now Accepting Beneficial Ownership Reports
As we previously posted, the Beneficial Ownership Information Reporting Rule (BOI Rule) of the Financial Crimes Enforcement Network of the U.S. Treasury (FinCEN) was scheduled to take effect January 1, 2024. The BOI Rule requires companies such as corporations, limited liability companies, and other entities created to report information about their beneficial owners. FinCEN is now accepting BOI reports,…
It's Time Again for Employers to Comply with Year End Obligations and Prepare for the New Year
2024
As we remind our readers each year, as year-end approaches, business owners need to remain mindful of their year-end human resources compliance obligations and prepare for upcoming minimum wage increases.Minimum Wage IncreasesNew JerseyEffective January 1, 2024, the New Jersey minimum wage will increase as follows:
- $15.13 per hour for most employers.
- $13.73 per hour for seasonal and employers with less
…
The New Beneficial Ownership Reporting Rule: A Guide For Small Businesses
Attention, small and medium-sized businesses! The Beneficial Ownership Information Reporting Rule (BOI Rule) of the Financial Crimes Enforcement Network of the U.S. Treasury (FinCEN) takes effect in January 2024. The BOI Rule will bring significant changes to company transparency and reporting obligations. FinCEN has released a detailed FAQ about the new regulation. We have provided a summary below with information…
Understanding New Jersey’s Pregnancy and Maternity Leave Laws
We often get questions from our New Jersey clients about the rights of employees who are going out on pregnancy and maternity leave. This issue can be confusing to business owners who have not dealt with the issue in the past due to several overlapping laws and state benefit programs. Adding to the potential confusion for employers, pregnancy and maternity…