Scarinci Hollenbeck, LLC
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Author: Scarinci Hollenbeck, LLC
Date: June 18, 2015
The Firm
201-896-4100 info@sh-law.comCompliance with the Fair Labor Standards Act (FLSA) is still important, but it is not the only compliance concern that employers must address. In the past few years, many states, including New York, have implemented additional legal protections.
As a reminder, with regard to wages, true unpaid internships are rare, given that compensation is generally required whenever the employer benefits from the work the intern performs. As previously discussed on the Scarinci Hollenbeck Business Law News Blog, the Department of Labor uses the following six-factor test to determine whether an intern can truly be unpaid:
Even if interns are unpaid, they may be covered under certain employments laws. In New York, lawmakers amended the state’s Human Rights Law to protect interns from discriminatory practices with regard to hiring, discharge, or terms/conditions of employment. In response to high-profile court decision dismissing a case by an unpaid intern, the law also now expressly prohibits sexual harassment of interns by employers, codifying both the quid pro quo and hostile environment tests for sexual harassment.
In New Jersey, proposed legislation would amend the Law Against Discrimination, the Conscientious Employee Protection Act, and the Worker Freedom From Employer Intimidation Act to include unpaid interns. Accordingly, employers could be held liable for harassment, discrimination, intimidation, and retaliation against this new class of workers. The bill passed the Senate last year, but is not yet law.
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Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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