In this article, you can discover: Why accurate employee classification is crucial to avoid legal and financial penalties. How to identify the signs of misclassification between independent contractors and employees. The importance of thorough contract reviews to ensure compliance with labor laws. What Does It Mean To Misclassify An Employee? Misclassifying an employee can take various forms, but most commonly, it involves labeling a worker inaccurately either in terms of their job role or employment status. For instance, if someone performs the duties of a carpenter but is paid as a laborer, this misclassification can…Read More
In this article, you can discover: Why it’s essential to comply with prevailing wage laws on public projects. How to ensure accurate wage classifications and compliance in construction. The importance of meticulous record-keeping in prevailing wage projects to avoid disputes. Prevailing wage disputes encompasses a distinct aspect of construction law, focusing on the remuneration of workers and benefits for public projects. There are primarily two types of public contracts: federal and state. Under New York State’s system, the law stipulates that workers on prevailing wage projects must receive specific wage rates and benefits. These rates…Read More
In this article, you can discover: Why proactive communication is key to preventing construction contract disputes. How contractors in New York address dispute resolution through arbitration or courts. The importance of detailed contract reviews to prevent disputes from escalating. What Common Contract Disputes Arise in the Construction Industry, And Who Do You Represent In These Areas? In the construction industry, disputes typically stem from four main issues, all centered around the pivotal element of money. These disputes include project delays, failure to make payments, disputes over change orders that have not been compensated, and issues…Read More
In this article, you can discover: Why understanding the bid protest process is crucial for contractors. How bid protests differ among various public agencies and their unique rules. The importance of timely action in filing bid protests to avoid forfeiting rights. What Is A Bid Protest In The Context Of Construction Law? When Might A Contractor Or A Bidder Decide To File A Bid Protest? A bid protest occurs under specific conditions when a contractor bids on a project, typically managed by a public agency. Public agencies are obligated to accept the lowest responsible bid.…Read More
Our firm focuses on representing a broad range of clients within the construction industry. Whether you are a general contractor, a subcontractor, or even occasionally an owner, our team is equipped to handle your legal needs in New York City and the surrounding areas. In this article, you can learn more about: Why should everyone understand their legal options in construction disputes. How to navigate the complexities of construction claims and documentation requirements. The importance of adhering to timelines in construction law to safeguard your claims. What Types Of Issues Or Disputes Commonly Lead To…Read More
Safeguarding Against Wage-Related Lawsuits Mitigating the risk of employee wage-related lawsuits involves adopting a proactive stance, and one effective strategy is to incorporate mediation and arbitration requirements into employment agreements. Envision them as proactive measures that, if mandated for employees before resorting to lawsuits, can significantly curtail the influx of cases or facilitate resolution before proceeding to court or an arbitrator. By instituting mediation and arbitration as prerequisites in employment agreements, employers not only fortify their position but also create a structured framework for dispute resolution. This proactive step streamlines the process and acts as…Read More
Today, more and more data is electronically stored on hard drives, smart phones, CDs, flash drives, e-mail servers, and other storage devices. However, storing data electronically has its risks — mainly the likelihood that essential information will be destroyed by accidental deletion, scheduled e-mail deletions, system upgrades, or other methods. Preserving your electronic records is required by law if paper copies are not maintained for required periods. Preservation can also be an important step towards putting your organization in the best position to defend potential lawsuits. Every employer should develop procedures for ensuring that electronically…Read More
One important aspect of every business is know what Employment documents must be retained and for how long. Documents which require special care include items such as job postings, employment applications, resumes, reference checks, testing data, personnel files, wage and hour records, payroll records, and disciplinary files. While it feels good to purge those documents when the filing cabinets get stuffed to their limits, there are many federal, state, and local laws and regulations require that certain personnel records, whether stored electronically or on paper, be kept for a specified period of time and even…Read More
Understand the specific records that should be maintained on each employee. Be familiar with the federal and state laws that have an impact on the management of employee records. Establish the employee records system in a manner that takes into account both legal requirements and best practices. Ensure all records are current by updating employee files and other sources of information on a regular basis. Understand and enforce practices regarding access to employee records by others. Observe consistent rules on records retention, based on time frames dictated by laws and the needs of the organization.Read More
Record retention policy is necessary to ensure that records are (1) systematically retained for appropriate periods of time, (2) stored methodically and economically, and (3) systemically destroyed if no longer useful. Once relevant documents are appropriately identified, labeled, and stored, you should establish a records retention schedule and a timeline for the eventual destruction of the documents. At a minimum, you should retain documents for the time prescribed by federal, state, and local laws and regulations. To ensure your ability to properly defend against a lawsuit, it’s highly recommended that you not destroy any documents…Read More
