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Kevin McKernan Kevin McKernan

NEW YORK’S NON-COMPETE AGREEMENT BANK IS (ALMOST) HERE

New York is close to implementing a ban on non-compete agreements, preventing employers from limiting an individual's employment opportunities post their original job. However, certain exceptions apply, such as contracts with a fixed term of service, prohibitions on revealing trade secrets, or poaching of clients. The law won't impact agreements already in place and applies to independent contractors. Legal repercussions await employers breaking the law, including private lawsuits and potential fines. Contracts with unenforceable non-compete clauses won't be entirely void. Employers are advised to adjust their agreements accordingly before the law comes into effect.

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Kevin McKernan Kevin McKernan

AMENDMENTS TO THE NEW YORK WARN ACT ARE NOW IN EFFECT

New York's amended WARN Act is now in effect with changes that impact remote workers' classification, notice content, and business sale notifications. The faltering business exception now applies only to plant closings, not mass layoffs. Additional examples of unforeseeable circumstances, like pandemics, are included. Employers with 50+ full-time employees in New York must give 90-day advance notice for "mass-layoff" or "plant closing."

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Kevin McKernan Kevin McKernan

MUSIC TO A PLAINTIFF’S LAWYER’S EARS – SEXUALLY GRAPHIC AND VIOLENT SONG LYRICS CAN CREATE A HOSTILE WORk ENVIRONMENT

In a landmark case, Sharp v. S&S Activewear, LLC, the United States Court of Appeals for the Ninth Circuit has ruled that playing music with sexually explicit, violent, and misogynistic lyrics in the workplace can create a hostile environment, constituting sex discrimination under Title VII. The court emphasized that such conduct can negatively impact an employee's ability to perform their job

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Kevin McKernan Kevin McKernan

YOUR LIVING WILL AND DURABLE HEALTHCARE POWER OF ATTORNEY

A living will and durable healthcare power of attorney are essential for making end-of-life healthcare decisions. Your living will allows you to express your choices regarding treatments when you're unable to communicate. A trusted caregiver or family member can be named as your durable healthcare power of attorney.

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Kevin McKernan Kevin McKernan

WHAT’S NEW IN EMPLOYEE GIFTS FOR 2023?

In 2023, attracting and retaining quality talent remains a significant challenge for HR professionals, with 72% expressing concerns about losing valuable employees. Gifts play a crucial role in fostering strong relationships between companies and their employees, demonstrating recognition and value.

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Kevin McKernan Kevin McKernan

THE PROS AND CONS OF FORMING AN LLC FOR YOUR BUSINESS

Forming an LLC for your business can be a smart choice providing numerous benefits and advantages. To delve deeper into the topic and learn more about the process and considerations, I encourage you to read our blog post on "Forming an LLC: The Ultimate Guide." Discover how to establish and operate an LLC, explore the advantages it offers, and navigate through potential challenges and disadvantages.

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Kevin McKernan Kevin McKernan

HOW EMPLOYERS CAN ADDRESS CHALLENGES OF AI IN THE WORKPLACE

Employers can address the challenges of AI in the workplace by acknowledging both the benefits and risks associated with its use. AI can streamline tasks, enhance productivity, and mitigate bias in the hiring process. However, there are concerns such as varying accuracy of AI results, contractual limitations, privacy issues, intellectual property disputes, and potential bias in hiring.

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Kevin McKernan Kevin McKernan

SHOULD YOU OPT FOR A DIGITAL CLOSING?

Digital Closings are becoming increasingly popular, but they aren't right for everyone. Here are some things to consider before deciding whether or not to have a Digital Closing.

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Kevin McKernan Kevin McKernan

NATIONAL ELDER LAW MONTH:

National Elder Law Month takes place in May and emphasizes the importance of ongoing planning for seniors. It highlights key areas such as estate planning and asset protection, long-term care and Medicaid planning, guardianship and conservatorship, elder abuse and neglect, and healthcare decision-making. These aspects aim to safeguard seniors' assets, ensure proper care, protect against abuse, and enable individuals to make informed decisions about their health and well-being.

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Kevin McKernan Kevin McKernan

YOU SAY EMPLOYEE, I SAY INDEPENDENT CONTRACTOR: 12 BEST PRACTICES FOR AVOIDING WORK MISCLASSIFICATION SUITS IN THE GIG ECONOMY

Employers face challenges in navigating the evolving landscape of independent contractor classification, but it is crucial to understand and mitigate the associated liabilities. Misclassification extends beyond tax reporting and can result in civil and criminal lawsuits under the Fair Labor Standards Act. Employers may be held accountable for back pay, unpaid taxes, benefits, and other fees. There is no universal test for independent contractor status in litigation. The article provides 12 best practices to avoid misclassification suits… Written agreements, W-9 Forms, no job titles, separate files, no employee benefits, no evaluations, competitor analysis, limited control, job differentiation, agreed-upon payment, and avoiding indicators of employee status. Implementing these practices helps safeguard employers and ensure compliance in the gig economy.

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