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White Plains Employment And Commercial Law Blog

Elements and remedies for a breach of fiduciary duty

When a business relationship is formed or an individual is entrusted responsibilities in a company, there are certain duties that must be upheld. Failing to uphold these duties does not only harm the relationship but it also likely causes harms to those owed these duties.

Take for example a fiduciary duty. This implies that a person has an obligation to act in the best interests of another. In the case of a corporate board member, they have this duty to the shareholders of the company. If it is found that a party acted contrary to his or her fiduciary duty to another party, this could be considered a breach of fiduciary duty.

What Are The Effects Of The New Supreme Court Arbitration Case?

This past May, in a 5-4 decision, the United States Supreme Court ruled that employment contract arbitration clauses were enforceable against employees seeking to pursue class actions rather than submit their employment disputes to arbitration. The Court made this ruling despite the arbitration clauses being included in the contracts as a condition of employment.

Helping employers address employment law issues

Whether you own or operate a small or large business, the one thing that any employer has to address is what type of employees they will hire. Whether that means developing an employee manual or navigating issues that occur in the workplace, it is vital for employers to understand how best to handle these matters to ensure their rights are protected, as well as the rights of their employees.

The success of a business is based on how it runs. Employees are vital to a smooth operation, and it can take a lot to get employees, departments and divisions to work collaboratively and efficiently. Employers need to make sure the needs of everyone are addressed, and, if issues arise, have a mechanism to resolve them.

Overtime pay and employment litigation

For the most part, we all need to work or have a family member work to get by. Income is based on a person's wage and the amount of time worked in a certain time period. When employees go over this a designated number of hours, commonly 40 hours, overtime pay could kick in. For some employees, this added pay is necessary, as working extra hours is the only way to make ends meet.

If an employer requires or permits employees to work overtime, then an employer is required to pay an employee premium pay for the overtime hours worked. For employees that are covered by the Fair Labor Standards Act, they must receive overtime pay when they work in excess of 40 hours in a workweek. This overtime pay must be at least one-half times his or her regular rate of pay.

Nearly 20 workplace discrimination claims against Fox settled

A workplace can be many things to an employee in New York and elsewhere. It can be enjoyable, a safe haven, exciting and even a dream come true. A job is a positive in our lives; however, for some employees, it can be filled with negative events and encounters. Not everyone is treated fairly and appropriately. But, employees have the ability to stand up and take action against this mistreatment.

According to recent reports, 21st Century Fox has settled nearly 20 workplace discrimination claims over the past few years. These lawsuits involved racial and gender discrimination lawsuits with 18 of Fox's current and former employees. The settlements that were reached in these claims totaled to around $10 million.

What is the whistleblower protection program?

Employees, no matter the type of industry they work in, have work tasks that they need to complete. As these are related to their job, employees are very willing to complete these tasks. However, some employees are either asked to complete or observe conduct that may not be part of their job task, even causing them to question the legality of these actions. When employees see these acts, they might be compelled to speak up; however, they are also likely fearful about what might happen to them for making such a claim. This is known as blowing the whistle, and whistleblower acts have been established for these exact reasons.

What is the whistleblower protection program? This program was initially established as a means to ensure that employees and applicants that disclose or allege serious wrongdoings or gross mismanagement are protected from reprisal for their disclosures. With regards to current and former federal employees and applicant, the Whistleblower Protection Act of 1989 covers the five types of disclosures of wrongdoings. This includes a violation of any law, rule or regulation, mismanagement, a gross waste of funds, an abuse of authority or a substantial and specific danger to public heath or safety.

Using arbitration to settle tech company disputes

When you start a company, you likely do not think about the downsides or struggles you might face if things do not go right. For most companies, relationships with other businesses are vital. This means taking the time to work out deals, negotiate terms and memorialize this agreement in writing. While this helps to ensure that these terms are followed and continually met, this does not mean breaches cannot happen. When a dispute arises, businesses need to determine the best route to resolve them. For some, this means going through arbitration.

For tech companies, the idea of going through litigation for high-stake matters meant facing the high costs associated with this matter. Disputes arising within and among tech companies carry a high price tag, often costing these companies millions of dollars. What made matters even worse was the fact that judges and juries without specific expertise on these tech matters were making decisions that were often unpredictable and tenuous.

How do you judge a resume? Let’s count the ways.

Every job seeker and hiring manager has in their mind the perfect resume. It has great formatting, pleasing margins is a proper, scannable length and outlines the skills and history of the candidate. However, some of the tried and true facts of resumes that may not mean what you think they mean.

While resumes are still one of the determining factors in choosing candidates for interviews, there is a great deal of anxiety around them. No group of people is more afraid of their resume than people who have had many job changes. The standard wisdom states that a person with many job changes is unreliable and therefore a bad employee, but is that true?

Helping you resolve employment law issues

No work environment is perfect and no business runs perfect and smoothly. Thus, employers are constantly faced with many issues when it comes to running a business and keeping employees happy and safe. This often means revisiting policies that outline the practices in the work environment. This can be a detailed and complex process, often requiring assistance and guidance along the way.

At Mitchell, Pollack & Associates, PLLC, our law firm is focused on helping businesses in the Tarrytown area address any employment law issues that might come their way. Businesses establish work policies for various reasons, one of them being to protect an employer from litigation. While taking these steps could help guard against liability is some instances, this is not always the case.

Anti-Muslim bias and employment discrimination

Getting a job can be a very exciting time. Whether you are a teenager, fresh out of college or changing careers, having a job is very important. Most employers hire an individual based on their strengths and qualities. Much like good qualities cause a person to obtain a job, negative qualities could cause an individual in New York or elsewhere to lose their job. However, one reason a person should not lose a job or feel unsafe in a work environment is discrimination.

Unfortunately, workplace discrimination exists, causing individuals to endure harassment and emotional anguish. According to a recent study, hate crime against Muslims residing in the U.S. has risen 15 percent in 2017. This is the second year of increases. A total of 300 hate crimes against this group were recorded last year.

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