Employment Law FAQs
Employment law is highly technical because there are several overlapping laws and regulations with which you must comply as an employer. The Tarantino Law Firm, LLP, provides valuable legal advice and litigation support to businesses large and small in the Buffalo, New York, metro area.
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The following are some general answers to common questions our clients ask. For specific legal advice, please contact our office.
- If one of my employees takes time off to care for a sick or injured family member, do I have to hold his or her job open? As of Jan. 1, 2018, the New York Family Medical Leave Act requires all employers in the state to provide paid medical leave for employees caring for certain family members for up to eight weeks, plus possible extensions. However, the employee must have worked for you for approximately six months before he or she is entitled to paid leave.
- Can I be held liable if one of my employees is accused of sexually harassing a co-worker? The best way for a company to minimize the risk of being sued for ignoring or condoning sexual harassment is to have an anti-harassment policy in place that gives workers a way to report inappropriate behavior and empowers you to punish offenders. As of Oct. 9, 2018, New York state requires that all employers have a sexual harassment prevention policy in place that complies with the model policy set forth by the state. In addition, all employees will need to be trained in accordance with model training as promulgated by the state for sexual harassment prevention.
- Is it true that noncompete agreements are not enforceable in court? In fact, noncompetes may be enforceable, but they must be narrowly tailored. Courts evaluate the validity of a noncompete agreement on a case-by-case basis.