Author: Scott I. Unger
Workplace COVID Testing Must Be “Business Necessity” United States Equal Opportunity Commission Says
Posted in Employment Law
The United States Equal Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. On July 12, 2022, the EEOC announced that employers should take more factors into consideration when choosing whether to screen employees for Covid-19. Now, “employers will need to… Continue reading
Vaccine Rules for Employers with over 100 Employees: Here Are the Details
Posted in Employment Law
The Occupational Safety and Health Administration (“OSHA”) covers employers with 100 or more employees. OSHA announced a rule that companies who have 100 or more employees must ensure that their workforce is fully vaccinated against COVID-19 on or before January 4, 2022, or they must test negative for COVID-19 at… Continue reading
The Equal Employment Opportunity Commission (EEOC) Says Employers Can Mandate COVID-19 Vaccines
Posted in Employment Law
The EEOC stated that employers can now order their employees to receive the COVID-19 vaccination shot, provided that they comply with the reasonable accommodation provisions of the American with Disabilities Act (ADA), religious exceptions, and other laws.
Employees’ Entitlement to Bonuses and Commissions After Termination
Posted in Employment Law
For many employees, bonuses and commissions represent a significant portion of the compensation they expect to receive in exchange for their hard work and efforts in growing and cultivating their employers’ businesses and, in many instances, generating revenue. Typically, incentive pay is tied to performance—whether individual or company-wide—and is earned… Continue reading
Coronavirus is Likely to Affect Business Valuations in Business Divorce Litigation
Posted in Shareholder Oppression
As I’ve stated in previous blog postings, business divorce or oppression cases usually end with one side buying the other out. Hence, valuation of the subject company is often one of the central issues in the case. Clearly, the coronavirus has negatively impacted a lot of closely held companies. Coronavirus… Continue reading
Computer Related Offense Act Protects Individuals and Companies
Posted in Business & Corporate, Cybersecurity
If you are reading this blog post, it is extremely likely that you are reading it on a personal computer at home, on your office computer, on your smart phone, or on all of the above. It is without question that the invention of computers has changed our lives. What… Continue reading
Employers Beware: Retaliating Against Employees Who Exercise Their Rights in Response to COVID-19
Posted in Employment Law
As businesses continue to traverse the unchartered waters created by the COVID-19 outbreak across the country, the law constantly is evolving, and employers must grapple with new limitations created by both Congress and state and local governments on what seems like a daily basis. Employers must take care to learn,… Continue reading
Remote Working: What Employers Need To Know
Posted in Employment Law
COVID-19 concerns have swept across the country in the last weeks. The Centers for Disease Control (CDC) and other governing bodies have called upon all Americans to do what they can to slow the transmission of the disease by practicing social distancing. For employers, that means seriously considering allowing their… Continue reading
Employee vs. Independent Contractor? Important, Yet, Sometimes Confusing Distinctions
Posted in Employment Law
There is legal significance if is a person is deemed to be an “employee,” as opposed to an independent contractor. That determination is likely to be significant for a number of reasons, including: tort liability under respondeat superior; payroll taxation; workers’ compensation insurance; benefits; and statutory employee protections. Employers are… Continue reading
Disrespectful & Unfairly Dispropriate Treatment of a Female Shareholder by Male Majority Shareholders in Closely Held Corporation Constituted Oppression
Posted in Shareholder Oppression
An Erie County, New York Supreme Court Justice recently held that the disrespectful and unfair dispropriate treatment of a female shareholder based upon her gender in a closely held corporation constituted oppression. In re Matter of Diane M. Straka, Index No. 807308-2017 (citing, Bus. Law. §1104(a)-(1). In that case, the… Continue reading
