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Troy, NY

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Latham, NY

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Blog

New York Court of Appeals Addresses Restrictive Covenants

New York State Court of Appeals

The New York Court of Appeals made a judgement last week which impacts both employees and employers throughout the state. On July 24, 2015, the Court of Appeals addressed two issues in Brown & Brown v. Johnson, 25 N.Y.3d 364 pertaining to restrictive covenants. The issues addressed were regarding enforcement of the law provision in an employment contract and the allowance to blue pencil the restrictive covenant at issue.

“With this Decision the Court of Appeals reminds employers that a ‘one size fits all’ approach to restrictive covenants is not a wise decision,” said Ryan Finn, Attorney at E. Stewart Jones Hacker Murphy. “If an employer wants to enforce an agreement limiting its former employees from competing, the employer needs to document its reasons, and limit the scope of the agreement to avoid over-reaching.”

For further information regarding this decision, please visit here.

If you have any questions regarding employment contracts or labor employment, contact the law offices of E. Stewart Jones Hacker Murphy for a free, no-obligation consultation. Our experienced attorneys can meet you at any of the four regional offices located in Albany, Troy, Latham and Saratoga Springs, NY.

 

Wage Increase Approval for NYS

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Julia Longoria/WNYC

The New York State Wage Board announced yesterday, Wednesday, July 22, 2015, the approval of a wage increase for fast food establishment workers. This means that workers at a fast food chain restaurant with more than 30 locations will be receiving $15.00 per hour. The common misconception out there right now is that this increase will happen right away. These restaurant workers will work their way up to $15 per hour over a period of time.

New York City workers will be the first to receive $15 per hour in 2018. On December 31, 2015 minimum wage will increase to $10.50 in New York City and then on that day every year, the wage will increase. It won’t be until 2021 that all of the workers in New York will be making $15 per hour. Hopefully, by 2021, all workers will be making $15 per hour.

“This is likely the first step toward raising wages throughout all industries in New York. The implementation of this wage increase will also be watched closely throughout the Country,” said Attorney Ryan Finn, from E. Stewart Jones Hacker Murphy. “This is a win for the hardworking individuals who work in the fast food industry in New York.”

If you have any questions about this minimum wage approval or if you feel that you are not receiving the proper benefits from your employer, contact the law offices of E. Stewart Jones Hacker Murphy for a free, no-obligation consultation. Our experienced attorneys can meet you at any of the four regional offices located in Albany, Troy, Latham and Saratoga Springs, NY.

Rosemary Weaver McKenna – General Legal Counsel

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Rose McKenna has provided legal guidance to individual, closely-held, national and not-for-profit businesses for over 25 years, handling issues from the launch or purchase of a new business, to governance, day-to-day operations, compliance and contracting matters, to the sale or transaction of an existing business to the next generation of ownership. Rose earned an AV® Preeminent ™Peer Review Rated* designation as established by confidential opinions from fellow members of the Bar and Judiciary in Martindale-Hubbell®*.

Understanding that many organizations do not have the resources to hire an in-house general legal counsel, Rose allows clients to have a responsive, practical, knowledgeable outside general counsel to provide their business with legal advice tailored to their particular operations. Rose has experience in the following areas:

  • Formation of LLCs, professional LLCs, business corporations, professional corporations, not-for-profit corporations, partnerships, and LLPs, as well as amendments, restatements, restructures, mergers and dissolutions of these entities.
  • Governance matters, including bylaws, shareholder, partnership and operating agreements, governance meeting planning, grant guidelines and agreements and compliance matters.
  • Buying and selling businesses, and advising clients on issues relating to the structure of the transaction, non-disclosure and due diligence, financing and transactional documentation.
  • Representation of commercial business and health care providers including physicians, chiropractors, diagnostic and treatment centers, certified and licensed home care agencies, hospitals and adult homes, as well as educational, medical research, hotel, beer wholesaler, janitorial, tutoring, restaurant and other types of businesses.
  • Agreements for a wide range of commercial transactions, including business restructure and investor agreements, website terms of use and online end user agreements (or, “clickwraps”), consulting agreements, master services agreements, employment and severance agreements, collaborative agreements for strategic partnerships, inter institutional agreements, and MOUs, use of space/support service agreements, vendor and meeting planning agreements, and drafting of template agreements consistent with organizational operations, and development of FAQs for self-administration by organization.
  • Development of operating policies and procedures to comply with privacy protection laws (such as FERPA, HIPAA, CIPA, and COPPA, employment handbooks, policies and procedures and operating procedures (conflict of interest, training materials, healthcare related, emergency preparedness, record retention, whistleblower, laboratory SOPs, regulatory monitoring and compliance).
  • Licensure of health care entities, federal and state tax exemptions for charitable organizations, charitable solicitation registrations and other business licensure matters.
  • Commercial real property transactions, including sales, acquisitions, financing, leases, easement and option rights  and real property tax exemptions.

Contact Rose to schedule a consultation. We offer convenient meeting times at any of our office locations and would be happy to discuss hourly, flat fee or task-based rates that may apply to the business or commercial law services you are searching for.

Workers’ Compensation: What You Need to Know

workers_Compensation_In_Peoria_IlHave you recently been injured or struck with illness as a result of your work? If so, it is important that you file for worker’s compensation as soon as you can. Your promptness adds legitimacy to the claim when insurance companies review it. Before you even file a claim, notify your employer of the date, time and injury sustained.

Not all injuries that are “work-related” make you eligible for workers’ compensation. Ask yourself this: Did the injury or illness occur while doing something that would directly benefit my employer? Here is a list of a few situations that are in the grey area of workers’ compensation:

1. Lunch Breaks: If the incident occurs during your lunch break, then you are usually not eligible for compensation. For instance, if you trip and sprain your ankle while on your way to the cafe, your employer is not liable. However, if you sprain your ankle while picking up your employer’s lunch, or if the injury occurs in the company’s cafeteria, then you may be eligible for workers’ compensation.

2. Travel: If your injury is sustained during your commute to or from work, workers’ compensation probably won’t cover it. However, if you are a traveling salesman with no work site and get into an accident during work related trip, there is a good chance your injuries will be covered. This also applied to an accident that takes place in a companies vehicle.

3. Misconduct: If you are injured in the midst of breaking company policy, then workers’ compensation may not apply to your case. It depends on how serious your offense is.

To access the New York State Workers’ Compensation Board click here.

If you are injured and unsure if you would be eligible for workers’ compensation, contact the law offices of E. Stewart Jones Hacker Murphy for a free, no-obligation consultation. Our attorney’s are seasoned in handling worker’s compensation claims, and can meet you at any of the four regional offices located in Albany, Troy, Latham and Saratoga Springs, NY.

New York’s Safe Act

NY Safe Act - Albany LawyerUnder New York’s Safe Act, the Court can issue an Order, without a hearing, which requires a gun owner to surrender his weapons to law enforcement personnel.

Under New York State law, when such an order is issued, the gun owner has the right to request a hearing pursuant to Penal Law §4000.00 and New York CPLR §530.14. The Law Offices of E. Stewart Jones Hacker Murphy have recently successfully conducted such a hearing on behalf of a client and had their client’s firearms returned to him without incident.

Gun owners and pistol license holders have rights under the Safe Act and the attorneys at E. Stewart Jones Hacker Murphy have experience in successfully representing these individuals.

If you have need assistance in regards to New York’s Safe Act,  contact us immediately to schedule a free, no-obligation consultation with one our experienced attorneys.  We offer convenient meeting times at any of our four regional law offices in Albany, Troy, Latham and Saratoga Springs, NY.

The E. Stewart Jones Hacker Murphy legal team is available 24/7 for emergency situations by calling (518) 274-5820.

Beating Identity Theft and Accidents This Summer

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Summer is a fantastic time to travel with your loved ones and make new memories along the way.   However, taking a summer trip also increases your risks of identity theft and the potential for motor vehicle accidents.  Follow these tips to keep your vacation happy and safe:

  • Leave the credit cards at home. While charging expenses to your credit card is very convenient, paying cash will not only save you a lot of money, it will greatly reduce your risk of identity theft. If you must bring credit cards, bring only the ones absolutely essential.
  • In 2014, the Federal Trade Commission received 332,646 identity theft complaints, making identity theft the number one type of complaint for the 15th year in a row.*
  • Make sure your car is good to go. Before pulling out of the driveway, your vehicle needs to be road-trip ready. That means filling your tires with air, making sure there is enough oil, fixing any mechanical issues, and  – of course – a full tank of gas.
  • Pack the necessities. Even on the most spontaneous of road-trips, there are certain items that should be readily available; a flashlight with charged batteries, an emergency blanket, a map, and a rain jacket are crucial elements. Buy a prepackaged emergency kit or assemble your own. It should include bandages, gauze, anti-bacterial ointment, aspirin, and a thermometer. Remember, if you’re using your phone as a GPS, there are many areas that get offer little to no reception, so print out or write down the directions to avoid getting lost.
  • Never drive impaired! Vacation can be a tempting time to let loose and have fun. But, if you are intoxicated or drowsy and get behind the wheel, your impaired driving can lead to accidents, injuries and even fatalities.

If you find yourself in a situation this summer that requires legal advice,  contact us for a free, no-obligation consultation with one of our experienced attorneys. We offer convenient meeting time at any of our four regional offices in Albany, Troy, Saratoga Springs and Latham, NY.

The E. Stewart Jones Hacker Murphy legal team is available 24/7 for emergency situations by calling (518) 274-5820.

(*Insurance Information Institute, http://www.iii.org/fact-statistic/identity-theft-and-cybercrime)