Lee and Rosemary continue their conversation about essential considerations for employers as the year end approaches. Diving right in with bonuses, they emphasize the importance of clear communication regarding bonus eligibility and criteria to prevent misunderstandings. They touch on the implications of bonuses for leave and tax considerations and on the pitfalls of one-size-fits-all bonus structures. Rosemary and Lee also discuss minimum-wage changes, salary thresholds, W-2 distribution deadli...
Nov 21, 2024•59 min•Season 3Ep. 18
Welcome back, Rosemary! In this episode, Lee and Rosemary take their usual no-nonsense approach to the sometimes-fraught topic of the office holiday party. The conversation encompasses essential considerations for employers, like inclusivity, alternatives to traditional parties, dress codes, and tactics to manage alcohol consumption. Using the Six Ps Rule (“prior proper planning prevents poor performance”), the conversation highlights the importance of maintaining workplace standards during holi...
Nov 07, 2024•50 min•Season 3Ep. 17
In this quick solo episode, Barclay Damon’s Lee Jacobs discusses the complexities of meal credit regulations in New York State. He covers the various categories of employees who might be included, and, as always, emphasizes the importance of compliance—for good communication, to foster a smoothly running workplace, and, importantly, to avoid penalties. Lee also explores the cost-benefit analysis of implementing meal credits, suggesting employers consider whether the administrative costs outweigh...
Oct 23, 2024•29 min•Season 3Ep. 16
In another solo episode, Barclay Damon’s Lee Jacobs lays out the intricacies of the uniform credit in New York State. Even if you’re not an employer or employee in the hospitality industry, there is a lot of important information here. Many industries, including retail and health care, require uniforms, so listen in as Lee covers the definition of uniforms, employer responsibilities regarding uniforms, reimbursement requirements, and the consequences of noncompliance with labor regulations. Lee ...
Oct 10, 2024•19 min•Season 3Ep. 15
No mysteries here! This episode of Barclay Damon Live: Labor & Employment Podcast discusses the topic of tipping, specifically focusing on the tip credit in New York State. In a quick solo episode, Lee Jacobs explains what a tip credit is and how it affects the minimum wage for tipped employees. He also discusses the requirements for taking the tip credit, including giving notice to employees and properly documenting tip distributions. Employers and others in the hospitality industry, listen...
Sep 26, 2024•37 min•Season 3Ep. 14
In the latest episode of Barclay Damon Live 's Labor & Employment Podcast , Lee Jacobs and Rosemary Enright continue their deep dive into all things overtime, extending into the complexities of joint employment and the common mistakes employers may make when calculating overtime pay. They highlight the issue of joint employment in the restaurant (and other) industries, where employees might work at multiple locations owned by the same entity. They also provide guidance on how to properly cal...
Aug 15, 2024•32 min•Season 3Ep. 13
In this episode of Barclay Damon Live 's Labor & Employment Podcast , Lee Jacobs and Rosemary Enright dive even deeper into the topic of overtime, moving into higher-level concepts to answer your questions about overtime pay. From clarifying that the “workweek” is not necessarily Monday to Friday and is open to interpretation to helpful real-life examples, they also explain (and demonstrate, with Lee’s handy on-screen calculator) how to determine overtime for salaried employees. As always, L...
Aug 01, 2024•41 min•Season 3Ep. 12
Lee Jacobs and Rosemary Enright continue their conversation about the intricacies of overtime rules. Iterating their reassurances that if employers are following previously discussed federal and New York state guidelines, they should not have to be concerned, they deep dive into topics such as exemptions, damages calculations, and pay frequency. Using cautionary tales (Lee’s “horror story” real-life examples), they emphasize the risks that come with not properly classifying and paying employees....
Jul 18, 2024•51 min•Season 3Ep. 11
Lee Jacobs and Rosemary Enright discuss overtime rules and exemptions, assuring listeners that if they’re following New York law, they are in compliance with the new federal overtime rules. They further address confusion surrounding the salary threshold and pay frequency, explaining the three main exemptions: executive, administrative, and professional. With their characteristic detail and real-life examples, Lee and Rosemary emphasize the importance of meeting all the criteria for each exemptio...
Jun 20, 2024•38 min•Season 3Ep. 10
Longtime host Ari Kwiatkowski is back, fittingly from maternity leave, to discuss the Pregnant Workers Fairness Act (PWFA) regulations. The PWFA requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, and associated conditions. In this solo episode, Ari provides an overview of the law, its requirements, and what constitute known limitations, qualified employees, and reasonable accommodations. The episode also covers lactation accommodations...
Jun 06, 2024•11 min•Season 3Ep. 9
In this continuation of Lee Jacobs’s and Rosemary Enright’s conversation on offboarding, the co-hosts’ topics include the importance of sending timely notices of termination and unemployment insurance forms to terminated employees. They maintain that employers should refrain from providing written reasons for termination, and they discuss the different processes for voluntary and involuntary terminations as well as considerations for terminating contracted employees. Again using the example of a...
May 23, 2024•39 min•Season 3Ep. 8
Lee Jacobs and Rosemary Enright discuss the importance of employee offboarding and provide guidance on how to effectively navigate the process. The conversation highlights the risks of not having a formal offboarding policy that considers data security and ensures a smooth transition, whether the employee is leaving voluntarily or not. They discuss the importance of having clear policies in place and communicated to employees in advance and the payout of accrued vacation and sick time. Exit inte...
May 09, 2024•35 min•Season 3Ep. 7
In this ongoing, in-depth conversation, Lee Jacobs and Rosemary Enright get further into “the minutia” and related topics of employee onboarding. In part 3, they cover the importance of job applications and descriptions, offer letters, and employment agreements—once again emphasizing customizing to the organization’s specific needs. They also discuss contracts and agreements, hospitality tips and tip pooling, uniform acknowledgments, direct deposit, cashless bans, the New York City commuter bene...
Apr 25, 2024•55 min•Season 3Ep. 6
In this in-depth conversation, Lee Jacobs and Rosemary Enright get into “the minutia,” covering the importance of using the correct forms and documents during the employee onboarding process. They emphasize the potential legal consequences of not providing the wage acknowledgement form, among other forms, and the importance of ensuring compliance with relevant laws and regulations.
Apr 11, 2024•29 min•Season 3Ep. 5
In this episode, Lee Jacobs and Rosemary Enright discuss many aspects of employee onboarding as well as related topics like job postings, applications, interviews, and more. Regarding onboarding, they emphasize setting the right tone from day one, cover the difference between onboarding and orientation, and highlight the legal requirements and potential pitfalls of the process. To be effective, Lee and Rosemary say, onboarding must be tailored to each specific business. In this wide-ranging conv...
Mar 28, 2024•44 min•Season 3Ep. 4
Lee Jacobs and Rosemary Enright discuss updates for 2024 for employee handbooks, covering topics that include policy changes around sexual harassment, paid family leave, lactation accommodation, marijuana testing, electronic monitoring, and height and weight discrimination. They also touch on artificial intelligence in hiring decisions. Lee and Rosemary emphasize the importance of updating employee handbooks to ensure compliance with New York State and New York City laws as well as of providing ...
Mar 14, 2024•39 min•Season 3Ep. 3
In the first of a two-part conversation, Lee Jacobs and Rosemary Enright cover the basics of employee handbooks, emphasizing the importance of customizing your organization’s handbook rather than relying on a generic one. They touch on the need to update handbooks annually, and they highlight key policies that should be included in handbooks, like those involving employment at will, drug and alcohol-free workplaces, and EEOC statements. Additionally, Lee and Rosemary discuss the importance of di...
Feb 29, 2024•34 min•Season 3Ep. 2
Welcome to Season 3 of the Labor & Employment Podcast and the first episode recorded in Barclay Damon Live ’s new state-of-the-art podcast studio! With regular host Ari Kwiatkowski out on maternity leave, her Barclay Damon colleagues Lee Jacobs and Rosemary Enright have stepped in to continue the conversation until Ari returns this spring. In this episode, Lee and Rosemary discuss important changes related to minimum wage in New York State, covering minimum wage increases, overtime eligibili...
Feb 15, 2024•34 min•Season 3Ep. 1
In episode 66 of Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski offers a solo overview titled “Breaking Down the New PWFA Regulations,” regarding the Pregnant Workers Fairness Act. Ari notes that the PWFA requires employers to provide accommodations to workers’ “known limitations related to pregnancy, childbirth, or related medical conditions absent undue hardship.” The new regs extend those accommodations to applicants as well, specifying that it’s the worker or appl...
Sep 28, 2023•17 min•Season 2Ep. 66
In episode 65 of Barclay Damon Live : Labor & Employment Podcast , “Order Up! Hot Tips for Employers in the Hospitality Industry, Part 2,” host Ari Kwiatkowski welcomes her Barclay Damon colleague Lee Jacobs back. In Part 1, they discussed topics that included minimum wage, overtime, frequency of pay, and on-call and call-in pay. In this episode, they dig into New York State’s Wage Theft Protection Act. It’s a big deal! Lee alerts all employers, especially those in the hospitality industry, ...
Sep 14, 2023•23 min•Season 2Ep. 65
In episode 64 of Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski welcomes her colleague Lee Jacobs back for an informative discussion about the intricacies of New York’s Hospitality Wage Order, which governs the state’s restaurant and hotel industries. Lee describes what some of the pitfalls are for employers—even those with the best intentions—when it comes to wages, pay frequency, accurate paperwork and accounting, what constitutes overtime, and more. Listen in now, ...
Aug 31, 2023•26 min•Season 2Ep. 64
In episode 63 of Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski welcomes Barclay Damon New York City–based partner Lee Jacobs. Lee and Ari point out that New York City rules tend to be more employee friendly than rules in many other areas, and currently some of the most stringently watched areas of potential discrimination involve height and weight, caregiving, employment status, and victims of sexual violence, domestic violence, and stalking. They’re hot buttons for ...
Aug 16, 2023•32 min•Season 2Ep. 63
In episode 62 of Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski welcomes back Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, for “Immigration Alert! USCIS Publishes Revised I-9 Form.” Jennifer lets viewers and listeners know that the Department of Homeland Security US Citizenship and Immigration Services has announced changes to the I-9 form, which, as most employers know, is used to verify employment eligibility. The cha...
Aug 03, 2023•18 min
In a groundbreaking crossover episode of Barclay Damon Live: Labor & Employment Podcast , host Ari Kwiatkowski welcomes her colleague Kevin Szczepanski, the host of Barclay Damon Live: Cyber Sip ™, to discuss “Cybersecurity Basics for Employers.” Kevin, who is also co-chair of the firm’s Data Security & Technology Practice Area, gives an overview of this crucial topic, including covering employee training to help thwart phishing attempts. Kevin also shares his top three related policies ...
Jul 20, 2023•32 min•Season 2Ep. 61
Welcome to Barclay Damon Live: Labor & Employment Podcast, “Untangling the Web of Leave Issues Under ADA, FMLA, and Related Laws, Part 2.” In this continuing conversation, Barclay Damon partner Scott Rogoff joins host Ari Kwiatkowski to talk about what employers need to know considering the myriad types of employee leaves available. Ari and Scott also use a recent scenario they experienced to explore the Americans With Disabilities Act, or ADA, including who qualifies, what constitutes “reas...
Jul 06, 2023•20 min•Season 2Ep. 60
Join host Ari Kwiatkowski for the latest episode of Barclay Damon Live: Labor & Employment Podcast . In this episode, Ari welcomes back her colleague Scott Rogoff to parse the statutes, laws, regulations, and issues involved with employee leave. As we all know, life happens—and it happens to employees, who then often need to take time off from work. Regardless of when the employee notifies their employer that they will be out, it’s important for the employer to know what type of leave should...
Jun 22, 2023•19 min•Season 2Ep. 59
Here’s a quick installment of Barclay Damon Live: Labor & Employment Podcast, “Update Alert: Key Takeaways from the New NYS Model Sexual Harassment Prevention Policy.” In episode 58, host Ari Kwiatkowski runs down changes to the new policy, which has been conveniently posted on the state’s website, ny.gov. Finalized in April 2023, adopting the model policy is not required, but, says Ari, since it’s so easily available (and thorough), why not use it? A few key differences in the new policy ar...
May 25, 2023•15 min•Season 2Ep. 58
In episode 57 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her Barclay Damon colleague Art Marrapese to discuss medical plan coverage during a leave of absence from work. Tune in to hear a breakdown of the types of leaves employees can take under federal and state laws like the Family Medical Leave Act and the New York Paid Family Leave, where ERISA comes in, and some of the circumstances around protected and non-protected leaves, especially around health ...
May 11, 2023•20 min•Season 2Ep. 57
In episode 56 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski talks with Peter Rahbar of the Rahbar Group. He’s an attorney with broad experience in workplace issues, which he brings to the conversation. Starting off with a definition of the phenomenon, Peter asserts that it’s not new, though the phrase “quiet quitting” may be. Essentially, it refers to employees doing the bare minimum to get by in their jobs—without actually quitting. To combat it, he suggests client...
Apr 27, 2023•22 min•Season 2Ep. 56
In episode 55 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes workforce wellness and cultural alignment expert John Robertson to discuss resolving intergenerational conflicts in the workplace. In a bit of a departure from Ari’s usual legal focus, she and John explore workplace relations, discussing some common situations that arise and offering practical, actionable information for listeners. John’s background combines an earlier religious vocation with a psy...
Apr 13, 2023•30 min•Season 2Ep. 55
