Recent Articles

Illegal Aliens May Recover Unpaid Wages

Randy L. Braun
November 19, 2008 03:29

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

Randy L. Braun
November 14, 2008 13:27

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

Randy L. Braun
November 05, 2008 20:27

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

Randy L. Braun
October 30, 2008 10:01

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

Randy L. Braun
October 18, 2008 01:29

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

Randy L. Braun
October 08, 2008 14:15

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

Randy L. Braun
October 02, 2008 12:16

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

Randy L. Braun
September 18, 2008 11:01

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

Randy L. Braun
September 05, 2008 16:08

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

Randy L. Braun
August 27, 2008 23:07

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...