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Author Archives: Jay Butchko

FMLA6

Explaining New York Paid Leave

By Mansell Law, LLC |

The U.S. federal government instituted the Family & Medical Leave Act (FMLA) in 1993, which allows up to 12 weeks of leave in a 12-month period for certain family-based or medical-related reasons. Certain states, New York included, have passed laws in the years since then, expanding the right to family leave, but there are… Read More »

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NonCompete5

Explaining New York Non-Compete Agreements

By Mansell Law, LLC |

Most executive employees are considered to be reliable hard workers, and are prized accordingly. However, given their often-specialized knowledge, sometimes they are viewed with suspicion when they depart a company. These employees are seen as so talented sometimes that employers historically would try to regulate their ability to earn a living elsewhere. These “non-compete”… Read More »

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BusContract4

Executive Compensation In New York

By Mansell Law, LLC |

The majority of employees in New York do not sign an actual contract upon their beginning a new job, though they may sign other onboarding paperwork. That said, this is less common for those who have more years of experience in the industry, or who have unique expertise to offer an employer. Executive positions… Read More »

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OvertimePay

Am I Entitled To Overtime Pay In New York?

By Mansell Law, LLC |

All non-salaried employees, with very rare exceptions, are generally entitled to get ‘time and a half’ of overtime pay for every hour they work past their standard schedule. However, far too many employers try to help their bottom line by withholding this compensation. This conduct is wage theft, and it is actionable, both under… Read More »

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Contract2

Breaches Of New York Employment Contracts

By Mansell Law, LLC |

As of this writing, 49 of 50 U.S. states are “at-will” employment states (Montana being the lone exception), meaning that any employee can be terminated for any reason at any time. There are certain exceptions to this rule – one cannot be fired for a discriminatory reason, as one might imagine, and a person… Read More »

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GuardMuseum

New York Legislature Introduces “SIT Act” In Both Houses

By Mansell Law, LLC |

Many New Yorkers have jobs where they are required to be up and around all day – but soon, they may have the ability to get off their feet for short periods of time, if it does not interfere with their work. In September 2022, the Standing Is Tiring (SIT) Act was introduced in… Read More »

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Whistleblower11

What Kind Of Activity Warrants ‘Blowing The Whistle?’

By Mansell Law, LLC |

It is not uncommon on television for a concerned individual to act as a whistleblower against a large company, despite reservations. In real life, the process for doing so can be complex and even frightening – but whistleblowers can serve an important purpose in terms of keeping public and private employers from engaging in… Read More »

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FLSA

Unpaid Overtime Is Illegal In New York

By Mansell Law, LLC |

In certain industries, it is not uncommon for employees to be asked – or even forced – to work overtime without being paid for their time and effort. Many will treat this as simply a part of their job – but in reality, unpaid overtime is a form of wage theft, and it is… Read More »

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Severance

Is My Severance Agreement Equitable?

By Mansell Law, LLC |

Severance is a package of pay and/or benefits that is given to an employee upon the conclusion of their employment. While not every employee is entitled to severance, many New York employers do grant it on a voluntary basis, especially to executives or workers with seniority. As of this writing, New York state law… Read More »

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Freelance

New York State Passes “Freelance Isn’t Free” Act

By Mansell Law, LLC |

In June 2022, New York’s state Senate passed the Freelance Isn’t Free Act (FIFA), intended to protect freelance and “gig” workers from wage theft and “unfair payment practices” perpetrated by New York companies. This is the state version of a 2017 New York City law which has led to over a thousand cases resulting… Read More »

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