Filing an Appeal to the MSPB

An appeal to the Merit Systems Protection Board (“MSPB”) may be filed at: MSPB. The MSPB has an online filing system that allows an appellant to file the entire appeal online. The MSPB, in short, is an administrative agency tasked with resolving disputes between government agencies and employees of U.S.

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Removal From Federal Government Service: What Should I Do Next?

In many cases, a Notice of Proposed Removal leading to a Removal Notification should be challenged by a federal government employee. A successful challenge can lead to, among other things, reinstatement and monetary damages. We suggest, if you have not, yet, responded to the Notice of Proposed Removal that you

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New New York Laws for 2021

A new year signals a new beginning and sends a message of hope for a lot of us especially when we spent almost the entire year of 2020 in series of lockdowns, quarantines, economic recessions, job losses, and a lot more devastating things as a result of the still ongoing

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Constructive Dismissal Law in New York: NY Labor & Employment Law Basics

Rendering your resignation to your employer does not mean you are precluded from suing the employer. An employer that, for example, has created a hostile work environment may be sued for this treatment and the resignation may be deemed by a court of law, EEOC or the New York State

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Challenges to Succeeding in Business in New York City

Life and work in the Big Apple isn’t all wine and roses for business owners in 2020, however, New York remains, still, one of the more attractive locations for entrepreneurs, business owners and investors looking to build a footprint in the United States. From Lady Liberty to Central Park, there’s

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MSPB, EEOC & Negotiated Grievance Procedures Complaints: Federal Government Employment Law Basics

Hayes & Simon retains lawyers that have experience handling appeals to the Merit System Protection Board (MSPB), grievances under the Negotiated Grievance Procedure and complaints to the Equal Employment Opportunity Commission (EEOC) from our New York and some overseas associated offices. We have handled removals and other punishments of GS

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Free Initial Consultation with a New York Lawyer

Hayes & Simon, an international law firm, is offering a free initial consultation with an attorney in New York. Your legal consultation may be schedule at: Schedule a Call. The call shall be with, in most cases, New York Lawyer Sean Hayes. Hayes & Simon, P.C. Hayes & Simon professionals are internationally

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New York Disability Discrimination Laws: NY Employment Law Basics

When an employer, in New York, makes employment decisions based on a disability and not via criteria appropriate under law, the action of the employer may be considered disability discrimination under federal and New York State Law. New York State and New York City Law provides comprehensive protections for employees

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New York Sexual Harassment Law Basics for New York City & State Employers

The #MeToo movement has motivated the State and City of New York to implement a battery of new sexual harassment laws applicable to all businesses in New York City and New York State.  The new New York laws should motivate employers in New York to update NY employment rules, NY

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New York Age Discrimination Protection Basics

As part of our ongoing series of posts intended to familiarize you with New York and Federal laws you must follow if you are running a business in New York, it is important to understand the way the New York law protects employees from age discrimination. Age discrimination is, in

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Firing an Employee in NY? Exceptions to NY “At Will” Employee Law

If your New York business hires employees in NY, then it is essential that you know what hiring someone as an employee “at will” in New York is and what rights and protections at-will employees are afforded under New York At-Will Employment Law. New York is generally considered an “employment

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New York Non-Compete Agreements

The validity of a non-compete agreement in New York is measured in light of relevant principles and the particular facts and circumstances surrounding your business. Non-compete clauses are commonly found in employment agreements across many industries regardless of size or products / services offered. Non-compete agreements impose restrictions on future

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New York Independent Contractor or Employee? Taxi Union Sues Uber

Lawyers, in New York, representing 5,000 Uber drivers in New York City filed a lawsuit in NY on behalf of 10 of these alleged New York employees in federal court in Manhattan last week accusing the ride-share company of depriving these New York drivers of various employment protections they should

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NY Legal Protection For Employees With Disabilities In New York

As part of our ongoing series of postings bringing awareness to certain laws every New York business owner must know, we bring your attention to laws that protect employees with disabilities. (For other stories in this series, you can read our posts about best practices to avoid age discrimination and

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New York Non-Compete & Confidentiality Agreements

Business in New York can be highly competitive, and relies, in part, upon a business’s ability to protect valuable information disclosed to current and past employees. Many NY companies feel that implementing non-compete agreements and other contractual obligations will encourage employee retention overall and protect information should an employee leave.

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Some Uber Drivers May Be Entitled To Unemployment Benefits

An administrative ruling out of New York state found that, under certain conditions, Uber drivers may be entitled to state unemployment benefits. The NYS Department of Labor (DOL) ruled that two Uber drivers were eligible for weekly jobless benefits. This represents the first time that a state government determined that

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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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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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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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