Tag Archives: HR

Can an Invitation to Connect on LinkedIn Violate a Nonsolicitation Agreement?

To protect their hard-earned resources, many employers maintain nonsolicitation agreements with key employees. Generally, such agreements prohibit current and former employees from poaching the company’s clients and/or employees, particularly in the event an employee moves to a competitor. While such agreements may not be enforceable if they are overbroad or otherwise go beyond the applicable […]

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Another Year of Change for Employers: What You Need to Know About 2014

Another year, another set of regulations for employers and human resources professionals to learn and implement in their workplace. With 2014 on the horizon, Portnoy, Messinger, Pearl & Associates, Inc. wants to update you on what’s changing in the New Year, so your company and staff can be in full compliance under the latest federal, […]

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Court Rules No Religious Discrimination Without Accommodation Request

An employer’s failure to hire a Muslim woman who showed up to her job interview wearing a headscarf was ruled not religious discrimination under Title VII of the Civil Rights Act of 1964, because the applicant never requested religious accommodation, thus failing to provide the notice element for a claim. The Muslim woman filed a […]

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NYS Regulations For Expanded Allowable Wage Deductions Issued

The New York Commissioner of Labor has issued final regulations for the amendment to the state’s wage deduction statute (Labor Law § 193) that became effective November 6, 2012. The amendment to this statute clarifies and limits prior restrictions on employer deductions from wages. The new regulations specify: Legal deductions that may be authorized by […]

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When To Allow Workers Time Off To Vote

Election Day (November 5) is around the corner, so employers should be reviewing their current policies on allowing workers time off to vote to ensure compliance with any applicable state and local requirements. New York Election Law § 3-110 states that an employee is entitled to a sufficient amount of leave time that, when added […]

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Wage and Hour Regulations: Pay Right or Pay the Price

  The number of companies exposed to wage and hour audits by Federal and State examiners increases each year, and the results, very often, are expensive settlements or even more expensive litigation. Aside from government initiated audits, there are an endless number of attorneys who will represent individuals or initiate class action law suits to […]

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Tobacco Policies up in Smoke: E-Cigarettes and What Employers Should Know

The popularity of e-cigarettes has exploded in recent years.  For those who haven’t heard of them, an e-cigarette is an electronic device that looks like a cigarette, but is smokeless.   When inhaled, it contains a mixture of water vapor and nicotine, satisfying the smokers craving for nicotine while at the same time eliminating second-hand smoke.  […]

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Minimum wage, overtime protections extended to direct care workers by US Labor Department

The U.S. Department of Labor announced a final rule this week extending the Fair Labor Standards Act’s minimum wage and overtime protections to most of the nation’s workers who provide essential home care assistance to elderly people and people with illnesses, injuries or disabilities. This change will result in nearly two million direct care workers […]

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If Only They Had Called PMP: Abercrombie & Fitch violated the law in firing a Muslim employee

Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) announced a federal judge has found clothing giant Abercrombie & Fitch liable for religious discrimination when it fired a Muslim employee for wearing her hijab (religious headscarf). According to the lawsuit, filed in 2011, the Muslim teen worked primarily in the stockroom.  At first she […]

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PMP Quoted in Long Island Business News: Seminars a growth tool for service firms

Mark Portnoy, president of Portnoy, Messinger, Pearl & Associates, Inc., was quoted  on how seminars can be an effective growth tool for service businesses in the 9/13 – 9/19, 2013 edition of Long Island Business News. Click here for the full article – Seminars a growth tool for service firms

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