Welcome to Our Blog

Kevin McKernan Kevin McKernan

NEW YORK AMENDS CRIMINAL LARCENY STATUTE TO INCLUDE WAGE THEFT

New York employers have another reason to ensure that all employees are properly paid – the risk of criminal prosecution.

According to the New York Penal Law, "a person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof." N.Y. Penal Law § 155.05(1)

Read More
Kevin McKernan Kevin McKernan

ADVANTAGES OF A REVOCABLE TRUST

What is a Revocable Trust? A trust is a legal arrangement that allows one person (a trustee) to hold and manage property for the benefit of one or more beneficiaries. What are the Advantages of a Revocable Trust? Is a "Lifetime" or Revocable Trust for You?

Read More
Kevin McKernan Kevin McKernan

CYBER INSURANCE ASSESSMENT READINESS CHECKLIST

This checklist provides a comprehensive overview of key considerations for assessing readiness for cyber insurance. It covers five critical areas: 1. Identifying your risk, 2. Protecting your assets, 3. Detecting risk and breaches, 4. Responding to cyber attacks, 5. Recovery after an attack.

Read More
Kevin McKernan Kevin McKernan

A GENERAL TIMELINE FOR PROBATE

The process of probate involves formalizing the will, naming a personal representative (executor) to handle the estate, and distribute assets to the intended beneficiaries. It also requires paying the decedent's outstanding debts and federal and state taxes.

In general, the timeline of the probate procedure moves quickly if the estate has minimal assets and little debt.

Read More
Kevin McKernan Kevin McKernan

LAWSUITS MULTIPLY AMID STALLED REGULATORY PROCESS ON ADA WEBSITE ACCESS

In a landscape where digital presence is more significant than ever, the issue of website accessibility for individuals with disabilities remains a pressing concern. Despite the urgent need for comprehensive regulations, progress in this area has been slow, leading to a surge in lawsuits filed under the Americans with Disabilities Act (ADA) against website operators.

Read More
Kevin McKernan Kevin McKernan

NEW I-9 FORM

The USCIS has introduced a new version of Form I-9 for Employment Eligibility Verification, effective from August 1, 2023. Employers must switch to the new form by October 31, 2023, to avoid penalties. Stay informed to ensure smooth employment verification processes.

Read More
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.

Read More
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."

Read More
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

Read More
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.

Read More