States Sue The U.S. Department of Labor To Stop New Overtime Rules

Twenty-one states have joined together in suing the U.S. Department of Labor (DOL) in the hopes of halting the imminent implementation of its new overtime rule, which they claim is unconstitutional and fiscally unsustainable. Starting December 1, the DOL’s new overtime rule mandates time-and-a-half overtime be paid by public and

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Fox Sues Netflix For Poaching Key Employees: Tortious Interference Law

Media giant Fox filed a lawsuit against Netflix claiming it has been damaged by Netflix’s aggressive and improper campaign to unlawfully target, recruit, and poach valuable Fox executives by inducing them to break their employment contracts. The claim that Fox will attempt to articulate is called tortious interference. The elements of

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Apple Sued In Class Action For Breach of Contract Over iPhone 7 Pre-Orders

Apple iPhone users who signed up for a program to pay extra with the promise of receiving the latest device each year have filed a class action for a breach of contract claiming that they’ve been told to wait longer for their new gadgets than they should. In a proposed

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Use A Cease and Desist Letter in New York

Proper use of a cease and desist letter is the first measure a business can take to protect itself from copyright and trademark infringement – as seen in recent news articles.  GiGi New York sent Gigi Hadid and her Tommy Hilfiger collaboration a cease and desist letter because of the

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What NY Businesses Should Learn From the United States v. Texas Immigration Decision

The Supreme Court’s decision in United States v. Texas this past June upheld a challenge to a pair of executive orders on immigration. While the political rancor continues on the issue of immigration, especially on the grand stage of election politics, businesses should remain vigilant in the evolution of immigration law

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U.S. Government Formally Recalls Samsung Galaxy Note 7 For Dangerous Battery

The U.S. federal government issued a formal recall of the Samsung Galaxy Note 7 devices for a defective and dangerous battery. The Consumer Products Safety Commission published a statement on its website urging owners of the Samsung Galaxy Note 7 smart phone to turn them off and stop charging devices due to

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Airbnb To NY: We’ll Sue If You Pass New Home-Sharing Law

Home-sharing company Airbnb has threatened to sue New York if Gov. Cuomo signs off on a new home-sharing law that would establish heavy fines for tenants that host short-term rentals without being present. According to Fortune, Airbnb general counsel Rob Chestnut sent a letter to New York Gov. Andrew Cuomo

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“Certified” Translation of Documents Accompanying U.S. Immigration Visa Applications

Applicants for U.S. Immigration Visas must be accompanied by supporting documents from your nation of origin and “certified” translations of those documents are, typically, required. Applying for U.S. immigration visa can be a complex undertaking. Depending on the purpose of the visit to the United States, an applicant will have

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The Most Common Ways NY Small Businesses Land In Court & Ways To Avoid The Court Room

Everyday, New York small businesses are served with lawsuits that could have been avoided had they implemented some simple practices that help avoid the court room. On average, a business with revenues of $1 million per year will spend about 2%, or about $20,000, per year in legal fees. That

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U.S. Green Card And The Benefits Of Permanent Residency In The U.S.

The process of obtaining a Green Card in the United States can be exhaustive and complex, but holders of it enjoy many benefits that come with permanent residency in the U.S. In the U.S., a Green Card is a permanent resident card allowing the holder to stay and work permanently

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Visas For A Temporary Visit To The United States: U.S. Immigration Law Basics

Generally, U.S. Immigration Law can get very complicated. Depending upon the nature and duration of a given visit, knowing the basics about the various types of Temporary Visas to the U.S. available will make the Visa application process easier to navigate. A Temporary Visa, also called a Non-Immigrant Visa, can come

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Small Businesses Can Start Using Drones According to FAA

New federal regulations take effect that will allow commercial uses of drones in the United States. The rules created by the Federal Aviation Administration (FAA) cover unmanned aircraft weighing less than 55 pounds flown for “routine non-hobbyist use.”  The rules govern simple uses of drones for tasks like surveying property,

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New York City Forcing Certain Employers To Sign “Labor Peace” Agreements

New York City is trying to force certain employers to sign “labor peace” agreements with unions. Last month, NYC Mayor Bill de Blasio issued an executive order requiring property developers receiving at least $1 million in “financial assistance” to require any large retail and food service tenants on the premises

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Suing a non-New York Company in a New York court: Understanding New York’s “Long Arm” Statute

A recent decision highlights the importance of understanding New York’s “Long-Arm” Statute when considering to sue an overseas business.  A New York court ruled that a flight attendant claiming that a defectively designed jump seat on an Airbus made in France caused her injury on a flight from Boston to

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NLRB Judge Rules Chipotle Is Liable For Labor Violation For Enforcing “Unlawful” Social Media Policy

This week, the National Labor Relations Board (NLRB) ruled that Chipotle Mexican Grill had an “unlawful” social media policy that violated the National Labor Relations Act (NLRA). According to published reports which detail the facts of this particular case, the dispute stems from charges filed on the worker’s behalf by the

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What NYC Businesses Can Learn From The Blue Man Group Royalties Dispute

There are lessons to be learned by fledgling NYC businesses from the recent legal battle over royalties between Blue Man Group and a collaborator. If you are a New Yorker, or a tourist visiting New York City, then you probably know of Blue Man Group, a troupe of street artists

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Proposed Change to NYC Hiring Practices Intended To Tackle Wage Inequity

A proposed change to New York City local law seeks to make certain customary hiring practices illegal for employers in New York City. This week, the NYC Office of Public Advocate introduced proposed legislation that would make it illegal for employers to inquire into a job applicant’s wage history during

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COBRA Basics for New York Businesses

To conclude our series on federal laws that every small business owner must know, we discuss an employer’s obligation to provide health insurance under New York law.(For other stories in this series, you can read our posts about best practices to avoid age discrimination, New York’s new laws involving family and medical

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NY’s Family Leave Law: What It Means For NY Small Businesses

Earlier this year, New York enacted the NY Family Leave Law, which mandates NY businesses, including small businesses, to provide family leave for most employees.  This article is part of our ongoing series of laws that NY small business owners should consider.  Under the new law Family Leave Law in New

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Federal Laws that NY Businesses should Consider: NY Compliance Law Basics

Depending upon certain factors, every New York business must comply with federal laws governing employment and liability to third parties. We shall be updating the reader on major compliance issues over the next couple of weeks.  This week, we are going to look at three federal laws that you should

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