Blog

Apr 5, 2011

Enforcement of NY Wage Theft Prevention Act began April 1, 2011! Is your business in compliance?

New Labor Effective
April 1, 2011 Will Heavily Impact Restaurants and Small Businesses in New York

The New York Wage Theft Prevention Act, signed into law in December 2010 and effective April 1, 2011, imposes new requirements on employers to provide written notice to all employees with details about their wages. By April 1, 2011, all new employees are required to receive a written notice in English or the employee’s primary language – outlining details of their pay - salary, rate or pay, overtime rate of pay, whether they are exempt or non-exempt; paid by the hour, shift, or piece; and whether the employer will withhold allowances such as tips and meals. An employer is required to obtain a signed acknowledgement of receipt of the notice from the employee and retain copies for six (6) years. By April 12, 2012, employers will need to have completed distributing such written notices to all existing employees.

This revision to the New Yorka Labor Law has serious implications for restaurants and small businesses that employ individuals for whom English is not their primary language as language-specific notices must be either downloaded from the DOL website, or will need to be translated. Violation of this part of the Labor Law may expose a business owner to a Department of Labor audit of wage records – which can reach back six (6) years – and result in additional penalties if other violations, such as unpaid overtime or misclassification of employees as exempt, are found.

The Wage Theft Prevention Act increases the penalties for wage/hour violations, and adds additional penalties for failure to provide the wage notice within ten (10) days of an employee’s first day of work. Current New York Labor Law penalties for wage/hour violations include payment of unpaid wages plus interest, and reasonable attorneys’ fees and costs, with an additional 25% of the unpaid wages as liquidated damages where an employer fails to show a “good faith” or “reasonable” basis for the violation.

For more information on how this
may impact your business contact Elizabeth Franqui, Esq., Franqui Law Group at: ef@employmentlawyerny.com.

Mar 25, 2011

www.greenpointcoworking.com

Freelancer's Rights Workshop on April 21st at Greenpoint Co-Working!

Franqui Law Group will host a workshop at Greenpoint Co-Working on April 21st, 7-9 pm.

A must for independent contractors and freelancers!

FREELANCER’S RIGHTS! -
 How to maximize contract negotiating skills and get paid what you’re worth.

Let’s face it – contracts can be intimidating and confusing.  Not knowing what you are signing can result in literally “gifting” away valuable rights to your work. Don’t give it away for free!  Learn what basic terms in freelancer or independent contracts mean, and where you can negotiate to protect your rights and get paid what you are worth!

Taught by:  Elizabeth Franqui, Esq., Franqui Law Group.  Elizabeth is a former freelancer and now an attorney specializing in employment law.  She has 14 years’ experience counseling individuals and small businesses on business contract and employment law issues. She will share her unique insight in drafting Independent Contractor agreements.

You will learn:

The Benefits Of Coming To The Table With A Standard Contract For Your Work

What Important Contract Provisions Should I Know About?

“Work-for-Hire” - Do I sign away rights to designs or art I create or own them? 

“Trademark or Copyright” protection - Can I copyright or trademark my work? Who is responsible for licensing work created by others?

Non-Compete or Non-Solicitation”  - Can I ask for more money if I agree to sign a non-compete/non-solicitation agreement?

Other - What is a confidentiality agreement?  Can I sue if the client I work for stops paying me, or changes its terms or rates without notice? Is it legal if my client was my employer but they laid me off and made me an “Independent Contractor”?

Non-member workshop fee is $45.  A true bargain!

Signup through the Greenpoint Co-working - www.greenpointcoworking.com

Mar 11, 2011

Welcome to our new site!

Welcome to our new website. Stay tuned for more on the blog.