Juz The Fax
Juz the Fax is the personal blog of Randy L. Braun, a New York based attorney who practices in the areas of labor, employment, construction and prevailing wage law.
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Recent Articles
Illegal Aliens May Recover Unpaid Wages
Last week, the Appellate Division, Second Department, held that illegal aliens who provide false documentation to an employer may recover for unpaid wages if the employer violated the federal Immigration Reform and Control Act of 1986 ("IRCA"). The case is Coque v. Wildflower Estates Developers. ...
New Requirements For New York Employers
In New York, effective February 1, 2009, employers must post a copy of Article 23-A of the Correction Law relating to the use of prior convictions. Also, a copy of the statute must be given to individuals who are subject to background checks by the employer.Article 23-A generally prohibits...
The Employer Oppression Act
Oops, I'm sorry ... I meant the Employee Free Choice Act ("EFCA"). Now that Mr. Obama has been elected, EFCA is likely to be high on his list of priorities. I verily believe that EFCA is one of the most insidious pieces of legislation to be proposed in quite some time. It's sort of like a...
New York Lifts Moratorium On Apprentice Programs
Finally! Effective October 15, 2008, New York lifted the moratorium on apprenticeship training programs. The moratorium was first put in place on August 28, 2007, during which time State approval of all new apprentice programs was suspended.As a result many non-union and merit shop employers...
The Importance Of The Written Word
It's axiomatic that a verbal agreement is as good as the paper on which it's written. Many of you have probably heard the adage "get it in writing." Well, unfortunately, many of you are not heeding that sage advice. I am confronted routinely with situations where construction work is performed...
More On New York's WARN Act
Please note that New York's WARN Act will become effective on Feb. 1, 2009. For a more detailed description of the new statute's requirements, see my prior post appearing here.
More On Licensing
As I discussed here previously, the issue of uniform licensing for construction professionals has been the subject of much discussion lately. To that end, the Legislature of Dutchess County, New York, recently passed a law requiring all electricians in the County to be licensed. The bill is now...
Case Update - Implied Agreement Governs When Commission Earned And Becomes Wage Under Labor Law
In Pachter v. Bernard Hodes Group, Inc., 10 N.Y.3d 609 (2008), the New York Court of Appeals (in answering two certified questions from the U.S. Court of Appeals for the Second Circuit) held previously that executives are employees for purposes of New York Labor Law Article 6, except where...
New York's WARN Act
On September 2, 2008, New York's Governor Paterson signed a new law with respect to plant closings and mass layoffs. The new law, known as the State Worker Adjustment and Retraining Notification Act (“S-WARN”), requires that private employers with 50 or more workers must notify their employees and ...
The Employee Free Choice Act - Redux
The proposed Employee Free Choice Act ("EFCA") may be making a comeback. The bill was passed last year by the House of Representatives, but never became law. Based on what I've gleaned from recent news, EFCA stands a good chance of reclamation if the Democrats win the White House in...

