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Understanding overtime exemptions in New York

If you work more than 40 hours a week in New York, you may very well expect that you would receive overtime pay for those extra hours. For most employees, this would be the case. 

However, there are a number of occupations and people exempt from state or federal overtime laws. If you work in these capacities, you may not receive extra pay for hours worked over 40 in a week. 

Are home sellers in New York required to disclose defects?

Years ago, home sellers in New York were not required to disclose defects in the property being sold. In legal terms, the doctrine was "caveat emptor" -- or "let the buyer beware." That meant it was up to the buyer to inspect the property for any defects.

But in 2002, the law changed in New York, and now the home seller is required to disclose any known defects in the property, or else pay a $500 credit to the buyer at closing. If you are planning to sell a home, it's important to know which option is best for your specific situation, and it's important to have legal guidance in these matters because there are potential pitfalls that could cost you a lot of money.

5 important things to know if you are a tipped employee

Hundreds of thousands of people work in jobs where they don't just depend on their paycheck, they also depend on tips. This includes people who work in food service, hospitality and occupations like aestheticians and parking attendants.

If you work for tips in New York, you should know that you have rights under state and federal laws. Below, we look at some of the basic things you should know about your legal protections and what you can do if you have questions or concerns about your wages and tips.

Resolving boundary issues

There are countless details that go into the decision to buy a new home. Prospective buyers consider everything from square footage and location to taxes and layout. With so much to think about, it can be easy to overlook certain elements, particularly when they don't seem like a pressing issue.

For instance, when you buy a home, you may not think about the accuracy of property boundaries. You might see a fence or other object between one property and the next and assume that's the boundary. However, this can be a costly assumption and complex real estate issue.

Should I be receiving overtime pay?

Every worker in New York deserves fair compensation for the work they do. In fact, there are numerous state and federal laws in place to protect workers and their wages. However, despite these laws, there are plenty of cases involving employees who are unpaid or underpaid.

Often, these cases involve unpaid overtime. If you work more than 40 hours per week, you should know if you should be receiving wages. Below, we explain who is eligible for overtime, when employers must pay overtime and what options you have if you believe you are owed overtime.

What does sexual harassment in the workplace look like?

In recent months, sexual harassment in the workplace has been at the forefront of national news. Between allegations of misconduct against celebrities and political figures and the growing #MeToo movement, it seems as though a news story comes out every day about an alleged incident involving workplace sexual harassment.

However, despite the fact that there is so much attention directed toward this issue right now, individuals can still be unsure of whether they are a victim of sexual harassment and what they can do if they are.

Nassau County woman sues under Fair Labor Standards Act

A good employment relationship relies on trust. Bosses and owners have to be able to believe each other's promises and know the ways to find recourse if words are not kept. Fortunately, federal and state laws protect employees in New York from suffering excess losses in or failing to receive compensation.

One of the most powerful laws that allow for this protection is the Fair Labor Standards Act (FLSA). This 1930s-era law was the first guarantee of a minimum wage, as well as increased pay for workers completing more than a full-time schedule every week. In general, salaried workers are entitled to a 50 percent extra salary for any hour worked above 40 per week.

Why employers may have an easier time proving overtime exemptions

Earlier this year, the U.S. Supreme Court issued a pivotal ruling in the case of Encino Motorcars, LLC v. Navarro. The lawsuit involved five service advisors at a car dealership who sued their employer over its failure to pay them overtime wages. The case bounced through multiple higher courts before receiving a final ruling--in favor of the employer.

Under section 13(b)(10)(A) of the Fair Labor Standards Act (FLSA), auto salesmen, mechanics or auto parts dealers are exempt from overtime pay. The Supreme Court found that service advisors also fall under this category--and should be likewise exempt.

When is it a working lunch?

There are a lot of reasons that you may decide not to leave the office for a lunch break. And, on the other side, there are a lot of reasons an employer may ask you to take part in a work activity during lunch.

Understanding what counts as a “break” can seem like a minor issue, but over a period, it can add up to something more complex for you and your employer.

Is your age holding you back at work?

Older workers should be prized for their depth of life experience, their years on the job, their wide knowledge base and their seasoned ability to cope with change. Some people just see age as a negative number, though, not understanding the many benefits that come with working with colleagues over the age of 40. This can lead to workplace discrimination against older workers, laying them off, refusing to hire them, or refusing due advancement opportunities in favor of "younger blood" in the company.

Thankfully, federal and state laws alike prevent on-the-job bias against employees - and prospective employees - ages 40 and up. The Age Discrimination in Employment Act (ADEA), passed by the federal government back in 1967, has provided a framework for understanding what types of employment-related decisions impacting older workers are allowed, and which ones could be discriminatory in nature.


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