New York Employment Attorneys & Lawyers
Neil Gandhi Licensed in NJ, NY
Michael Sukhman Licensed in NY
Andrea Lee Licensed in NJ, NY
Tiffany Donaldson Licensed in DC, MD, NY
Gary Ross Licensed in DC, GA, NY
Eric Goldman Licensed in NY
Patricia Yak Licensed in CT, NY
Ted Amley Licensed in NY
Meredith Simpson Licensed in NY
Laura Neish Licensed in NY
New York Employment Lawyers
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Legal Services Offered by Our On-Demand New York Employment Attorneys
Our experienced New York employment attorneys & lawyers can help guide you on how to proceed with various employee decisions such as reviewing employee documents such as contracts, agreements, policies, and handbooks, along with difficult decisions such as firing, lawsuits, claims, and complaints.
Although not every single employment contract will require legal assistance, many employment lawyers would recommend avoiding unilateral employment contracts that strongly benefit one side over the other. These types of employee contracts rarely hold up in court, yet having the funds needed to combat an issue in court can limit the employee’s options.
A confidentiality agreement and a non-compete agreement are common forms of employee contracts that one of our New York employment attorneys can help customize for your business. If your business needs to fire an employee, proper measures should be taken from a business legal standpoint to ensure proper communication and a smooth transition of dismissing that employee. In any case, we suggest you connect with our employment attorneys to discuss your options.
Improve Your Legal ROI with Affordable Employment Attorneys that service New York, NY.
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- 6 min read
Work for Hire: What Is It?
Work for hire is any created work that can be copyrighted like songs, stories, essays, sculptures, paintings, graphic designs, or computer programs. In the U.S., work for hire — shorthand for the term "a work made for hire" — applies if the created piece is part of a person's job or made by an independent contractor.
Instead of the creator keeping the copyrights, the copyright and publishing rights belong to their employer. For example, when a staff writer drafts a blog for his employer, the company becomes the author and assumes the copyrights for the blog. All areas of copyright ownership now belong to the company, including credit for the blog and control of the blog. Work for hire is part of the U.S. Copyright Act of 1976 and changed the go-to rules of copyright ownership. Work for hire applies in two situations:
- An employee creates work during her normal functions as an employee
- 9 min read
What is a Confidentiality Agreement?
A confidentiality agreement is a legally binding contract that states two parties will not share or profit from confidential information. A business usually gives a confidentiality agreement to an employee or contractor to make sure its trade secrets or proprietary information remains private. A confidentiality agreement (CA) may also be known as a confidentiality statement, a confidentiality clause, a non-disclosure agreement (NDA), a non-disclosure form, a proprietary information agreement (PIA), or a secrecy agreement (SA).
If interested, you can find free confidentiality agreements from UpCounsel attorneys here:
- 11 min read
What Are Payroll Taxes?
Payroll taxes are taxes which are imposed on employers and employees by federal, state, and local governments. Payroll tax is different than income tax since payroll tax is all the other taxes that aren’t income taxes that are taken out of your check.
The employer and employee split payroll tax half and half. The employer is required to withhold the amount of the employee's share of the payroll tax and submit to the IRS and the state along with payroll tax return.
Needless to say, young entrepreneurs see payroll tax as a big hassle and somewhere along the way, they are told to treat all of their workers as independent contractors so the entrepreneur can:
Skip the withholding and reporting requirements
Only need to send the contractor a 1099 form once each January
- 11 min read
What Is a Vesting Period?
The vesting period is the period of time before shares in an employee stock option plan or benefits in a retirement plan are unconditionally owned by an employee.
If that person's employment terminates before the end of the vesting period, the company can buy back the shares at the original price. The employee cannot sell or transfer the stock options during the vesting period.
The Tax Reform Act of 1986 established the minimum vesting rights for employees. Full vesting must occur within five years or at 20 percent vesting per year after three years of employment.
Vesting is the process by which an employee with a qualified retirement plan or stock option plan is entitled to the benefit of ownership. Once vesting occurs, t
- 5 min read
What are Incentive Stock Options?
Incentive stock options (ISOs) are a type of stock option typically given to key employees or management to purchase stock in the company and can result in a better tax treatment.
Incentive Stock Options vs. Nonqualified Stock Options
Other options that may be available to employees who are not considered key employees or upper management may be eligible for nonqualified stock options or NSOs.
Unlike NSOs, an ISO would be treated favorably for tax purposes. When an ISO is exercised, the employee need not claim the income. When they sell the stock, the gains are taxed as ordinary income rates rather than at capital gains rates. It is important to be aware that the tax benefits are lost if the employee who is entitled to ISOs sells the stock immediately; if they sell immediately they are treated the same way as an NSO.
What's the diff