Employment Law Update for New York Employers May 2011

Effective April 2011, the New York Wage Theft Prevention Act (“WTPA”) requires all employers to give written notice of the following information to their New York employees: the employee’s rate or rates of pay the overtime rate of pay, if the employee is subject to overtime regulations the basis of wage payment (per hour, per shift, per week, commission,...

New York Law firm Outside Counsel Solutions announces a name change to Schwell Wimpfheimer & Associates

NEW YORK, February 21, 2011 – New York law firm, Outside Counsel Solutions LLP announced the firm’s name change to Schwell Wimpfheimer & Associates LLP (SWA) to more accurately reflect the firm’s core business. SWA is a full service corporate law firm with over 25 lawyers, headed by managing partners Dov Schwell and Jan S. Wimpfheimer.  The firm...

Hiring a Literary Agent

Here are some things to think about when you are hiring a literary agent to try and sell your manuscript to book publishers. 1. Is it exclusive? The agent is going to want the exclusive right to shop your manuscript for a certain period of time. If, for some reason, you feel that there are prospective buyers that your agent can’t reach, or that you or...

Choosing a Brand

Part I – Choosing a Strong Mark Brands are everywhere.  Any day you can go shopping at MACY’S® or SAKS FIFTH AVENUE® to buy a RALPH LAUREN® or LACOSTE® shirt, OAKLEY® or RAY BAN® sunglasses and COOL WATER® cologne.  You can go around the corner to the STARBUCKS® café in the local BARNES & NOBLE® bookstore for a cup of coffee and sit and...

Recent Bankruptcy Court Decision May Illuminate Whether Electricity Will Be Considered a Good Entitled to Priority Status in Future Cases

I give the experimentalist’s answer to the very fundamental but very familiar query: “What is electricity?” His answer is naïve, but simple and definite.  He admits at once that as to the ultimate nature of electricity he knows nothing. – Robert Millikan, American Nobel Laureate in Physics Courts are sometimes required to ponder difficult...

Employer Alert: Independent Contractor v. Employee: New Costs of Misclassification

It is the first question to ask when hiring a worker: independent contractor or employee? Many employers first try to go for the independent contractor classification because it’s substantially cheaper: no workers compensation or unemployment insurance, no social security or Medicare payments, no health insurance coverage or pension payments. The worker’s...