Although technology has made it easier than ever for employees to work remotely, out of the office, and after hours, the ability for a non-exempt employee to work off-the-clock poses a very real threat to employers that can result in serious penalties.  While exempt employees do not have to keep track of their hours worked, non-exempt employees are required to report all hours worked and be paid overtime for all hours worked in excess of 40 hours in a workweek.  Although cour

If this drug-screening bill is signed into law by Mayor Bill De Blasio, drug testing job applicants for marijuana as a condition of employment would become an unlawful discriminatory practice, and New York City would join Washington D.C., which also bars employers from testing for marijuana before a job offer is extended.  It should be noted that this bill appears to prohibit drug testing for marijuana at any point before an applicant is hired. Employers should note that cert

New York’s previous law on voting leave provided that if an employee had four consecutive hours either between the opening of the polls and the beginning of their working schedule, or between the end of their working schedule and the closing of the polls, they shall be deemed to have sufficient time outside of their working hours within which to vote and they did not require paid time off from work to vote.  If an employee’s work schedule did not permit them to have this four

Unscheduled absenteeism rates have risen to unprecedented levels since 1999.  Excess employee tardiness, unscheduled absenteeism, and paid time off (PTO) create a costly problem for employers.  Overall, unscheduled absenteeism roughly costs employers $2,650 per year for salaried employees and $3,600 per year for each hourly worker.  Further, these costs do not include the indirect costs associated with unscheduled absenteeism such as lost sales, overtime pay for other employe

A company’s culture is comprised of the shared values, missions, and goals of the company, employees, stakeholders, and customers. An organization’s culture acts as its identity and personality. Yet, many companies fail to view culture as a serious business issue and merely take a passive approach. Employers should treat company culture in the same manner as other valued business objectives, including financial growth, sales, marketing, and product development. Many factors,

Employers must ensure when creating an internship program without providing compensation that they comply with local, state and federal laws governing whether participants of their unpaid internship programs are interns or employee.  Here’s how you may determine if your business’ unpaid internship program is legal. As of January 2018, the U.S. Department of Labor (DOL) announced its switch from the old six factor test to the new primary beneficiary test to determine if an int

To protect their hard-earned resources, many employers maintain nonsolicitation agreements with key employees. Generally, such agreements prohibit current and former employees from poaching the company’s clients and/or employees, particularly in the event an employee moves to a competitor. While such agreements may not be enforceable if they are overbroad or otherwise go beyond the applicable legal parameters (which vary from state to state), properly drafted nonsolicitation

Another year, another set of regulations for employers and human resources professionals to learn and implement in their workplace. With 2014 on the horizon, Portnoy, Messinger, Pearl & Associates, Inc. wants to update you on what’s changing in the New Year, so your company and staff can be in full compliance under the latest federal, state and local workplace laws and regulations. Minimum Wage Increase New York State’s minimum wage is set to increase three times through 2015

An employer’s failure to hire a Muslim woman who showed up to her job interview wearing a headscarf was ruled not religious discrimination under Title VII of the Civil Rights Act of 1964, because the applicant never requested religious accommodation, thus failing to provide the notice element for a claim. The Muslim woman filed a complaint with the EEOC, suing Abercrombie & Fitch for religious discrimination and failure to accommodate her religious beliefs in violation of Tit

The New York Commissioner of Labor has issued final regulations for the amendment to the state’s wage deduction statute (Labor Law § 193) that became effective November 6, 2012. The amendment to this statute clarifies and limits prior restrictions on employer deductions from wages. The new regulations specify: Legal deductions that may be authorized by employees; Additional information regarding legal deductions deemed for the benefit of the employee; Information concerning a

Election Day (November 5) is around the corner, so employers should be reviewing their current policies on allowing workers time off to vote to ensure compliance with any applicable state and local requirements. New York Election Law § 3-110 states that an employee is entitled to a sufficient amount of leave time that, when added to his or her available time outside of working hours, will enable him or her to vote. Four (4) hours is considered sufficient time. An employee is

Aside from government initiated audits, there are an endless number of attorneys who will represent individuals or initiate class action law suits to recover high amounts of back pay, along with lawyer’s fees.  More and more employees, in all levels of job classifications, are aware of the possibility of getting piles of money for years of back wages, benefits and penalties if their employer improperly classified and/or paid them. Huge economic penalties from Department of La

The popularity of e-cigarettes has exploded in recent years.  For those who haven’t heard of them, an e-cigarette is an electronic device that looks like a cigarette, but is smokeless.   When inhaled, it contains a mixture of water vapor and nicotine, satisfying the smokers craving for nicotine while at the same time eliminating second-hand smoke.  Using an e-cigarette is called “vaping.”  E-cigarettes have enjoyed much of their success because, in most states, they can be sm

The final rule also clarifies that direct care workers who perform medically-related services for which training is typically a prerequisite are not companionship workers and therefore are entitled to the minimum wage and overtime. Individual workers who are employed only by the person receiving services or that person’s family or household and engaged primarily in fellowship and protection (providing company, visiting or engaging in hobbies) and care incidental to such activ

Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) announced a federal judge has found clothing giant Abercrombie & Fitch liable for religious discrimination when it fired a Muslim employee for wearing her hijab (religious headscarf). According to the lawsuit, filed in 2011, the Muslim teen worked primarily in the stockroom.  At first she was asked to wear headscarves in Hollister colors, which she agreed.  However, in mid-February 2010, she was infor

Mark Portnoy, president of Portnoy, Messinger, Pearl & Associates, Inc., was quoted  on how seminars can be an effective growth tool for service businesses in the 9/13 – 9/19, 2013 edition of Long Island Business News. Click here for the full article – Seminars a growth tool for service firms #PMP #Tools #LongIslandBusinessNews #Workshops #LIBN #HR #HumanResources

With Thomas Perez confirmed as head of the Labor Department, the agency is expected to unleash a “flurry of new regulations that have been bottled up for months,” which is cause for concern for business leaders. Some of the long-awaited rules are anticipated to help boost employment for veterans and the disabled, increase wages for home-health-care workers and set new limits for workplace exposure to dangerous silica dust. Other, more controversial regulations could help labo

The Equal Employment Opportunity Commission, or EEOC, the federal agency tasked with enforcing federal anti discrimination laws, initiated lawsuits against two major Companies.  The EEOC charges that these two companies, Dollar General Corp – the largest small-box discount retailer in the United States, and the U.S. unit of BMW, violated Title VII of the Civil Rights Act by discriminating against black job applicants and employees by subjecting them to onerous criminal backgr

The Ohio-based Cascom, Inc. was found liable for nearly $1.5-million for misclassified independent contractors  and the MLB’s San Francisco Giants have paid  $545K in back wages for not properly paying workers.  What do these settlements mean to your company? These continued large settlements secured by the Department of Labor should be a wake-up call to all companies.  A review of your company’s workforce should be at the top of your company’s “to do” list to assure that: Yo

The U.S. Supreme Court recently handed out a long-awaited ruling that should serve as good news for employers. The high court ruled that only someone with the power to take “tangible employment action” against a subordinate can be considered a “supervisor” in Title VII discriminations cases (race, sex, age, religion, disability, etc.), making it more difficult for employees to prevail in job discrimination lawsuits against your organization. By law, employers are typically pr