New York Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in New York

Will Recent Court Opinion Place New Limits on Construction Scaffold Law?

  August 18, 2017     By Edelman & Edelman, P.C.
According to a recent, yep sharply divided, opinion issued by the New York Court of Appeals -- the state's highest court -- employers may not be...
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What Are the Elements of Interference with Contract in New York?

  August 9, 2017     By Law Offices of David S. Rich, LLC
A cause of action for interference with contract in New York may result in monetary damages.

Call-Blocking Apps Could Stop You from Winning Big Against RoboCalls

  August 8, 2017     By Tariq Law Firm PLLC
By Using Apps such as NOMOROBO. This will prevent you from earning money from these harassing robocalls. You may be entitled to stop and earn...

New York State Issues Paid Family Leave Regulations Broadly Construing Circumstances Qualifying for Leave

  July 31, 2017     By Law Offices of David S. Rich, LLC
In 2016, New York State enacted a bill, N.Y. State Senate Bill No. 3004-A, N.Y. State Assembly Bill No. A. 3870A (the “paid family leave law”).

New York City Curtails Retail Businesses' and Fast Food Chains' Discretion in Scheduling Workers' Shifts

  July 6, 2017     By Law Offices of David S. Rich, LLC
New laws in New York City substantially limit retail employers' and fast food establishments' discretion in scheduling work shifts for their...

Are My Business’s Employees Exempt from the Minimum Wage in New York?

  June 6, 2017     By Law Offices of David S. Rich, LLC
The New York State Minimum Wage Act, N.Y. Labor Law § 650 et seq., requires that employees in New York be paid at least the New York minimum...

NYC Mayor Signs New Law Barring Employers from Asking Job Applicants about Salary History

  May 24, 2017     By Law Offices of David S. Rich, LLC
The new law’s rationale is that, on average, women are paid less than men for the same work, and that relying on salary histories in determining...

Easy Worker Health Initiatives You Can Implement in Your Workplace

  May 23, 2017     By Kaplan Lawyers, P.C.
Whether business owners realize it or not, worker health and safety plays a major role in managing the costs of running an operation. In fact,...

What’s Included in a Catastrophic Injury Claim in New York?

In New York, catastrophic injury claims can cover more than just the upfront financial costs for hospitalization and treatment of the immediate...

How Should My Company in New York Address a Worker’s Complaint of Hostile Work Environment Harassment?

In New York, hostile work environment harassment involves conduct so objectively offensive as to alter the conditions of the victim’s...

Historic Preservation: Legal and Economic Issues

The legal and economic implications of landmarking homes, streets, and neighborhoods.

New York State Increases Minimum Salary For Executive And Administrative Exemptions From Overtime Pay

New York State recently raised the minimum salary level for certain white collar exemptions from overtime pay laws.

4 Ways Legal Processes Are Impacted By Technological Innovation

Technology offers huge opportunities for law firms to innovate in ways that benefit both them and their clients.

Common Airplane Turbulence Accidents

Though the number of major airline accidents have diminished in recent years, in-flight turbulence-related injuries have increased, in part due...

Individual Investors Can Seek to Recover Losses through FINRA Arbitration

For individual investors, the Financial Industry Regulatory Authority’s (FINRA) arbitration process provides an opportunity to recover...

Anticipate the Future - How Lawyers Prepare for Technological Innovation

Across our society, we are witnessing economic and technological changes at an unprecedented rate. These changes will continue to influence the...

Aggravated Felony in the Immigration Context

Section 101(a)(43) of the Immigration and Nationality Act (INA) defines “aggravated felonies” in immigration law. Each of the aggravated felony...

What Legal Entity to Form for Your Business?

A key decision you will have to make is whether to operate your business as a limited partnership, limited liability company or corporation.

How The Bifurcated Trial System Can Favor Defendants And Hurt A Plaintiff's Case

[It has been] discussed how a century-old rule barring mention of liability insurance may actually create bias in a jury, favoring a defendant....

The Right License: Performing Home Improvement Work in Suffolk County,NY

Most contractors know, or should know, that if they are performing "home improvement" work within Suffolk County then they must have a home...

Common Mistakes in New York Mechanic's Liens

Contractors and suppliers file liens in New York because they didn't get paid. But because liens are statutory creatures, sometimes the most...

Disputing a New York Mechanic's Lien

Mechanic's liens can cause headaches for property owners across the State of New York, especially when they do not know how to challenge the...

Adjacent (Neighboring) Property Construction in New York City

When building in the tight confines of New York City is is often necessary to work with your neighbor to allow the construction to be safely...

Removing the Mystery from Bonding a Mechanic's Lien

When a mechanic's lien is filed in New York the fastest way to remove it is to file a discharge bond. Discharge bonds are often misunderstood...

A 100-Year-Old Court Rule That Can Favor A Defendant’s Case

For 100 years, courts have disallowed even mentioning liability insurance in negligence cases. This court rule was conceived in order to protect...

Proving Your Slip and Fall Case in New York

It's important to know how NY Courts look at slip and fall cases and what makes a property owner at fault for a slip, trip, or fall on their...

Things about Your Life You Must Tell Your Personal Injury Attorney

Here's a list of some things your personal injury attorney must know about you in order to properly approach your case and get you the best...

What Is the Permanent Bar to U.S. Immigration Under Section 212(a)(9)(C)(i)?

The “permanent bar of inadmissibility” is found in section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (INA). Although it is...

Beware of Investment Advisors with Exaggerated Credentials

When choosing an investment advisor to help grow your nest egg or investment portfolio, you need to choose carefully. You have a lot to lose,...

Recapturing Priority Dates for Family-Sponsored Visas Through Automatic Conversion

Under the Child Status Protection Act (CSPA), certain child beneficiaries of immigrant visa petitions filed by a U.S. citizen or lawful...

What is TPS Status?

Temporary Protected Status (TPS) is a temporary immigration benefit available to certain nationals of countries that are designated by the...

What is EB5 Investor Visa?

The employment-based fifth preference category (EB5) is for immigrant investors. Each year, a limited number of immigrant visas may be allocated...

What is L1 Blanket Petition and Who May Apply for L-1 Blanket?

The L visa for nonimmigrant intracompany transferees allows U.S.-based employers to petition to transfer certain alien employees from related...

Reinstatement of F1 Status

Individuals on F1 student status are required to follow all of the rules and regulations regarding F1 status in order to maintain such status....

What is the EB4 Visa?

The employment-based fourth preference (EB4) category is an immigrant visa preference category for “special immigrants.” A person may apply for...

Jury Rules in Favor of McQueary, Testifier in Penn State Child Molestation Scandal, for Defamation

Michael McQueary, a testifier in the Penn State Child Molestation Scandal, was publicly ridiculed for his involvement in the scandal. McQueary...

Health Insurance Crisis Projected For 2017 – Will You Be Affected?

Health insurance premiums for those insured under Obamacare are projected to rise in 2017. Will you be affected?

What Is an Immigration "Public Charge"

Under section 212(a)(4)(A) of the Immigration and Nationality Act (INA), an alien who is considered “likely to become a public charge” is...

Manufacturers of Self-Driving May Be Protected from Lawsuits

Self-driving cars will undoubtedly become a widely-acceptable new technology in the near future. But, as with any new technology, mistakes can...

How to Retrieve Immigration Form I-94

The Form I-94 is an immigration form issued by the Customs and Boarder Protection (CBP). It is issued to all aliens who are admitted to the...

Should I Go Through My Insurance for Collision Coverage or the Other Driver's Insurance?

Knowing what to do in regards to insurance and covering the property damage to your car after an accident can be confusing. You have options to...

13 Mistakes that Can Hurt Your Car Accident Case and the Compensation You're Entitled To

Car accident cases involving personal injury can be stressful, tedious, and confusing. They are not to be handled alone. A highly-experienced...

Immigration Marriage Fraud

The Immigration and Nationality Act (INA) provides for immigration benefits for the alien spouse of a U.S. citizen. For example, a U.S. citizen...

What is "Unlawful Presence" for Immigrants?

In immigration law, there is a concept referred to as “unlawful presence.” By accruing certain amounts of unlawful presence in conjunction with...

What is an L1B Visa?

The L1 visa category is a nonimmigrant work visa category for intracompany transferees. It allows a U.S. employer to petition for certain...

Immigration Hardship

In order to procure certain waivers or other forms of immigration relief, an alien may be required to establish that a qualifying relative would...

H1B Process

The H1B visa is for nonimmigrant workers in specialty occupations who have a bachelor’s degree or its equivalent.

Change of Non-Immigrant Status from B1/B2 (Visitor) to F1/M1 (Student)

Persons in the United States on B1 (temporary visitor for business) or B2 (temporary visitor for pleasure) status are limited in the activities...

What Is I-129 Form?

The Form I-129, Petition for a Nonimmigrant Worker, is a form that is used for multiple purposes regarding nonimmigrant workers: petitioning for...

How to Fight Misrepresentation in Immigration Case?

Under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), an alien who seeks to procure, has sought to procure, or procured...



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