Are Your Employees Misusing Sensitive Employee Information?

Are Your Employees Misusing Sensitive Employee Information? by Alan Krystal

{2:12 minutes to read} Many employees are privy to sensitive information such as Social Security numbers which, if used for improper purposes, can cause significant damage to third parties. Such actions can also subject companies to significant liability for employing individuals who misuse this type of information.

Continue reading

Restaurant Wages & Hours – Part 2

Restaurant Wages & Hours - Part 2 by Alan Krystal

{3:00 minutes to read} It is critical that restaurants make sure that owners (or managers with significant supervisory authority) do not participate in tip pooling and tip sharing arrangements. There have been significant penalties assessed against establishments that have run afoul of this rule. An East Coast restaurant chain was fined by the Department of Labor for employers illegally retained a portion of employee tips and for failing to properly pay minimum wage, overtime, and other required income. They paid a settlement of $6.8 million to over 1,100 employees.

Continue reading

Are You Having Restaurant Wage and Hour Problems?

Are You Having Restaurant Wage and Hour Problems? by Alan Krystal

{2:03 minutes to read} A key issue facing restaurant owners is avoiding wage and hour problems, especially when it comes to tips. A tip is defined as a voluntary payment from a customer in which he or she has the unrestricted right to determine the amount, and who receives payment. A tipped employee is one who is primarily engaged in the serving of food or beverages.

Continue reading

Are All Your Workers Legal?

Are All Your Workers Legal by Alan Krystal

{3:53 minutes to read} With the subject of what to do with illegal immigrants being a hot topic of debate in the 2016 presidential campaign, it should be noted that there is no debate as to the state of the law; any business that hires a worker not legally authorized to work in the United States faces significant civil and, in some cases, criminal liability.

Continue reading

Conflict of Interest

Conflict of Interest by Alan Krystal

{1:55 minutes to read} A conflict of interest situation can arise when an employee takes an action or has an interest outside of their employment that may impede their ability to perform their work effectively, or in a manner inconsistent with their duty of loyalty to the company. A conflict of interest occurs when an employee engages in activities or holds other jobs that are in conflict with the interests of the employer:

Continue reading

Legal Liabilities and Requirements of Hiring Domestic Help

Legal Liabilities and Requirements of Hiring Domestic Help by Alan Krystal

{1:42 minutes to read} People who hire domestic help, whether a housekeeper, a caregiver or a nanny, are often unaware of the legal liabilities and requirements that they face. For example, in New York State, anyone who employs domestic help must:

Continue reading

Independent Contractor Rules – Part 2

Independent Contractor Rules - Part 2 by Alan Krystal

{3:54 minutes to read} In my previous blog, I outlined the reasoning behind the scrutiny of independent contractor vs. employee. In this part, I will cover some additional strategies for addressing this situation.

Continue reading