While I intended for the practice of law to be only a temporary detour from my path to become a politician – that detour has instead become my passion. And that’s one less politician for the world! I’m pleased to admit that I have acquired a true enthusiasm for the practice of employment law, especially within the hospitality industry. What could be more gratifying than helping a new hotel open its doors, or counseling a restaurant with best practices to elevate the employee-employer relationship and avoid lawsuits? To the conventional belief that the practice of law is nerdy or boring… “I object!”
At Stokes Wagner, we take pride in our “preventive law” approach – helping you avoid costly and distracting issues before they may arise. I have fully embraced this concept. By counseling my clients on a daily basis, I seek to build a communicative relationship whereby my familiarity with the client enables me to spot issues before they become problems. And should litigation be unavoidable, I step up to the plate as a dedicated and informed advocate for my clients.
As a mid-level associate, I have gained an impressive range of experience. I have already deposed celebrities, conducted confidential workplace investigations, completed on-site audits of iconic hospitality institutions, trained an army of managers, argued countless motions (several for Grammy-winning rappers), served as lead counsel in arbitration, mediated numerous cases, and served as lead counsel in a jury trial. I have also drafted a mountain of vendor contracts, handbooks, tip pool agreements, employment agreements, employee policies, S.O.P.’s, releases, leave notices and other hospitality-related documents. And while each client’s needs may present new challenges, I am undaunted. As Benjamin Franklin stated, “energy and persistence conquer all things.”
When not throwing myself into the legal deep-end, I am a noted restaurant hound, amateur chef and new dog-mom. But above all else, I am a problem-solver that seeks to lead by showing-up prepared and ready to take on a challenge.
November 21, 2017 • Jordan A. Fishman
Category: Legal Updates
Starting January 1, 2018, nearly all private employees in New York State will be eligible for Paid Family Leave so the employee can (1) bond with a newly born, adopted or fostered child; (2) care for a family member with a serious health condition; or (3) assist loved ones when a family member is deployed abroad on active military duty. Paid Family Leave will phase in over four years, starting at 8 weeks in 2018 and increasing to 12 weeks by 2021.
January 1, 2018: 8 weeks paid at 50% of the employee’s average weekly wage or 50% of the state average weekly wage, whichever is less;
January 1, 2019: 10 weeks paid at 55% of the employee’s average weekly wage or 55% of the state average weekly wage, whichever is less;
January 1, 2020: 10 weeks paid at 60% of the employee’s average weekly wage or 60% of the state average weekly wage, whichever is less; and
January 1, 2021: 12 weeks paid at 67% of the employee’s average weekly wage or 67% of the state average weekly wage, whichever is less.
I. Who Is Eligible:
Employees who work a schedule of 20 or more hours per week are eligible after 26 weeks of employment.
Employees who work a schedule of less than 20 hours per week are eligible after 175 days worked.
Citizenship and immigration status do not impact eligibility.
II. What Employers Need to Do Now:
Contact your disability benefits insurance carrier to ensure you have Paid Family Leave Coverage.
Post the Notice of Compliance (provided by your insurance carrier) in a conspicuous place.
Update your employee handbook to inform your employees about Paid Family Leave.
Update your payroll processes to collect the employee payroll withholdings or contribution that pay for the insurance.
Inform non-eligible employees that they can choose to waive coverage.
Contact Stokes Wagner with any questions, and click here to download a PDF of this release.
September 1, 2017 • Jordan A. Fishman
Category: Legal Updates
On August 5, 2017, the New York City Commission on Human Rights published final regulations which expand on and clarify the already burdensome requirements of the Fair Chance Act (“FCA”). These newly released regulations will make background checks particularly difficult for national employers and/or employers with a consolidated hiring process in multiple states.
Through these final rules, the Commission (1) significantly expands on per se violations, clarifying what conduct will subject an employer to liability and/or fines regardless of whether an adverse action is taken; (2) creates a discretionary mechanism to resolve per se violations by sending employers an Early Resolution Notice; (3) confirms that non-convictions may not be considered in the hiring process; (4) provides guidance to employers who inadvertently discover information relating to an applicant’s criminal history; (5) adds steps to the post-conditional offer phase before an employer may complete the FCA review process and rescind a conditional offer of employment; and (6) imposes a rebuttable presumption that a rescinded conditional offer of employment is based on the applicant’s criminal history.
The above list is not intended to be exhaustive. Employers should contact Stokes Wagner regarding their current hiring practices to ensure compliance with these new regulations.
Visit the NYC Rules website for more information.
For more legal updates, check out our update for September 2017!