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Appeals court: Postmates couriers are contractors, not employees
An appeals panel from the New York Supreme Court Appellate Division, Third Judicial Department, has ruled that Postmates Inc. couriers are independent contractors rather than employees. The decision overturns a finding by the state Unemployment Insurance Appeal Board that the delivery logistics company is legally…
Selling Property to Satisfy a Judgment: 4 Points to Consider
Judgment creditors have many options when enforcing a judgment. They can freeze bank accounts, garnish wages, and sell property, to name a few. In some cases, they can even sell a judgment debtor’s house and use the proceeds to satisfy the judgment. But foreclosing on…
Sexual harassment training: A guide for employers
New York’s 2018 budget included a requirement that employers to provide annual comprehensive anti-sexual harassment training for employers. Below is a brief outline of the bill’s requirements. Details of the training Employers’ anti-harassment training, which must be in place by October, should include: An explicit prohibition on…
Does your company ban moonlighting? How is the policy worded?
Recently, a National Labor Relations Board (NLRB) administrative law judge struck down a moonlighting ban in Nicholson Terminal & Dock Co. In that case, the company tried to ban employees from taking additional jobs that 1) were inconsistent with the company’s interests, 2) detrimentally impacted the company’s…
Answers to your questions about commercial collections in NY
Collecting on unpaid debt from another business is an important part of many small businesses in New York. Yet collecting on unpaid debt is no easy task. The best way to collect depends upon the type of debt, who owes the debt and applicable laws.…
Would former Walmart exec violate noncompete by joining Amazon?
When an organization believes a departing employee is about to violate a noncompete agreement, what can it do? The first step in the enforcement of noncompete or nondisclosure agreements is often a trip to the courthouse in pursuit of an injunction. An injunction is a…
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