Draft A Clear Statement of Work in New York

When hiring a business or individual in connection with a project, it is important that all parties create and agree to a clear and precise Statement of Work. A Statement of Work (SOW) is a formal document entered into by parties involved in a project that specifies in clear understandable terms the work to be completed.  A SOW should captures and defines the specific work to be performed for a client, deliverables, and a timeline that a vendor or contractor must execute – at a bare minimum. A SOW needs to contain the material terms of what needs to be done in as definitive and precise of a manner as possible. Generally, these are the three major types of SOWs: Design Based SOW – This type of SOW tells the supplier how to do the work. The statement of work defines buyer requirements that control the processes of the supplier.

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Maximum Rates Of Interest Allowed On Private Loans In New York: New York Usury Law

Charging interest rates that exceed the state maximum allowed by law is called usury (also commonly referred to as “loansharking”), which is illegal.  When it comes to determining at what rate a particular interest charge becomes actionable on a civil basis (where a borrower can object to the terms of the loan), and at what rate the charge may actually expose the lender to criminal liability, New York Law can be a little complicated. Usury laws in New York, regulate the maximum interest rate a person or entity may be charged on a money loan.  The applicable laws are the General Obligations Law and the Banking Law, which set civil law limits, and the NY Penal Law, which sets criminal law limits.  Under these laws, if a private loan exceeds the maximum “civil” usury rate, then the entire loan is considered void, and the lender may be denied the right

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Prohibiting Dreadlocks Is Not Racial Discrimination: EEOC New York

The U.S. Court of Appeals for the 11th Circuit ruled that a company’s grooming policy prohibiting dreadlocks was not racial discrimination under federal employment law. In EEOC v. Castastophe Management Solutions, a female job seeker responded to an ad for a sales job. The applicant was qualified and interviewed well.  However, as a condition to hiring her, the business requested that she change her hairstyle from dreadlocks to a “professional-looking” haircut because part of her job duties would be selling the business to the public.  The job seeker refused and contacted the Equal Employment Opportunity Commission (EEOC) stating that the business discriminated against her on the basis of her race. T he EEOC then brought a claim for intentional racial discrimination. The EEOC argued that prohibition of dreadlocks in the workplace constitutes race discrimination because dreadlocks are a manner of wearing hair that is physiologically and culturally associated with people

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Merry Christmas and a Happy Holidays to all our Clients and Friends

  For a no cost consultation, CONTACT US for an appointment. (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not duplicate any content on this blog without the express written permission of the author. info@ipglegal.com.

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Buy-Sell Agreements for Multi-owner Businesses in New York: New York Buyout Agreement Basics

When there is more than one owner of a New York business, creating a New York-tailored buy-sell agreement can save time and money if a change of ownership occurs in the future. New York business owners know that circumstances can change at a moment’s notice.  That is why ensuring that your business is prepared for whatever waits around the corner is crucial.  Part of being fully prepared is having a New York law compliant buy-sell agreement in place. New York businesses of all forms and sizes with more than one owner should create a solid buy-sell agreement in anticipation of potentialities in many cases. A buy-sell agreement, also known as a buyout agreement, is a legally binding agreement between co-owners of a business that governs the situation if a co-owner chooses to leave the business, is forced to leave the business or passes away.  If the triggering event occurs, the other

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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 explosive batteries causing fires, property damage and the potential for personal injury. After reports of some 35 incidents of Samsung Galaxy Note 7 devices exploding, an investigation by Samsung found an issue with the battery cell overheating, characterized as a “very rare manufacturing process error.” The consumer warning is based on recent reports involving lithium-ion batteries resulting in fires while charging and during normal use, which has led to government’s call for consumers to power down their devices. The Federal Aviation Administration has also issued a ban of the use of Note 7 devices on all aircraft. Samsung had already

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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 consider. We have already discussed the recent changes to New York law as it pertains to Pregnancy Discrimination Act (PDA) / Family Medical Leave Act (FMLA) in New York. PDA prohibits discrimination on the basis of pregnancy, childbirth and other related medical issues by businesses with 15 or more employees. This does not just include the legally mandated time-off for family and medical leave, which we will address shortly. On a larger scope, FMLA grants job-protection and unpaid leave to certain workers in companies with at least 50 employees working within 75 miles of the work site. We encourage you to

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FDA Cracking Down on Underage Sale of Electronic Smoking Devices

NY Small businesses that sell electronic smoking devices like vape pens and e-cigarettes will now have to treat them as “tobacco products” thanks to new FDA regulations intended to crack down on underage sales of these items. This week, a earlier ruling from the U.S. Food and Drug Administration (FDA) goes into effect which prohibits the sale of vape pens, e-cigarettes and other electronic smoking devices to consumers under 18 years of age. For small business retailers, this means the sale of e-cigarettes is no different from the sale of cigars and other traditional cigarettes, meaning they must verify a consumer’s age using a valid photo ID.  Adults under the age of 26 must show a photo identification to buy them. The FDA will also require manufacturers to register with it and place warning labels on all product packaging. The regulation is intended to immediately impact the use of these

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New NLRB Labor Rules Negatively Impact U.S. Franchises

Revised federal rules from the National Labor Relations Board that give employees more leverage in settling workplace disputes are negatively impacting franchisors and franchisees, leaving them with higher costs and forcing them to scale back plans for future expansion. The new policy adopted by the National Labor Relations Board (NLRB) broadens the circumstances in which two businesses can be deemed as employers of the same pool of workers. This means trouble for fast-food, construction and other industries reliant on contract workers and employees of franchisees, who will now be exposed to increased labor disputes before the NLRB, which adjudicates workplace disputes and oversees union-organizing. The intention behind the NLRB’s revision is to ensure workers can unionize and collectively bargain with businesses that help control their fates.  As things stand now, the NLRB will review “test cases” in the franchising industry to further define what critics have called a vague and

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The New York Law Blog

For a no cost consultation, CONTACT US for an appointment. (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not duplicate any content on this blog without the express written permission of the author. info@ipglegal.com.

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New York S Corp vs. LLC Basics: Choosing your Corporate Entity in New York

Many of our New York law firm clients considering establishing a business entity in New York, often, are conflicted whether they should choose to establish a New York S Corporation (“S Corp”) or a New York limited liability company (“LLC”).  Choosing whether to establish as a New York S Corporation or an LLC is, often, an important decision for a New York company and its shareholders/members, thus, don’t take this choice for granted and consider the pros and cons with New York business-savvy attorney. The following may help initiate the conversation with your New York attorney.  If you are doing a deal with a non-American company or individual make sure to hire an international lawyer with experience working on transnational deals.  Additionally, these corporate forms are, generally, not available for professional corporations (i.e. law firms). NY S Corporation Basics An NY S Corporation is a Pass-Through Entity meaning that each

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Welcome To The New York Law Blog!

Welcome to The New York Law Blog,  brought to you by the attorneys, staff and other professionals at IPG Legal. This site will be the home for blogs containing first-hand legal experience, analysis of legal news and current events in the practice of law in New York and a resource for attorneys and non-attorneys alike to understand the law a little better. There will be something for everyone – some insight into legal issues for lawyers, cautionary tales for potential clients, and education for all. And a little bit of wit and fun along the way. We hope you stop back here often, as we will be updating this site regularly.  Feel free to comment on stories and offer feedback whenever you like. For a no cost consultation, CONTACT US for an appointment. (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not duplicate any content on this blog

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