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Commercial Litigation Attorney | Experienced and Renowned | KDV Law

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Each commercial litigation attorney at Kaufman Dolowich excels at providing counsel and representing companies involved in high stakes business disputes.

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NYC Commercial And Real Estate Litigation

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NYC Commercial And Real Estate Litigation

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Commercial and Real Estate Litigation - Law Department

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Every year, the City and its agencies enter into an exceptionally broad array of contracts touching upon virtually every function of City government, ranging from contracts with private companies to build or repair bridges, water treatment plants, hospitals, courthouses, schools, and other parts of the City’s infrastructure; to leases of important public properties, such as the South Street Seaport and the City airports; to contracts for goods and services, such as food for city prisons, school bus transportation and software development to support important City initiatives. Whenever litigation arises under one of these contracts, Commercial And Real Estate Litigation attorneys represent the public agencies involved. Such litigation may take the form of plenary actions in State or Federal Court, Article 78 proceedings or proceedings before the Contract Dispute Resolution Board. The Division’s cases raise complex contractual, statutory, and/or Constitutional issues, and often seek many millions of dollars and/or to annul a critical governmental decision. Division attorneys are frequently confronted with analytical, investigative, and strategic challenges, novel legal questions, sophisticated accounting issues and intriguing facts.

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New Year Brings New Corporate Transparency Laws

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New Year Brings New Corporate Transparency Laws

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New Year Brings New Corporate Transparency Laws, By Elizabeth V. Marchionni, Esq., Seth J. Meyer, Esq. and Alisha Talati, Law Clerk 12/22/2023 - Kaufman Dolowich

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What To Know Corporate entities need to be aware and prepared to address new reporting requirements to help avoid fines, potential imprisonment and

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Business disputes are an inevitable part of running a business, and every business owner will eventually experience a dispute or conflict of some sort involving their operations. While these types of issues can seem overwhelming, irritating, and financially draining, there are ways to minimize the difficulties of business disputes and to work to ensure effective and peaceful resolution of misunderstandings and disagreements.

Common Areas of Dispute

While business conflicts can arise from virtually any type of arrangement or element of your entity, certain areas of conflict are more common than others, and it is important for owners to be aware of these potential avenues for disputes so that they can do their best to prevent them. Any business working with suppliers, contractors, purchasers, or other business partners runs the risk of disputes arising from contract disagreements. This may occur because one party does not receive the products to which it believes it is entitled, or another feels that it was not paid the proper price for its services. Parties may find themselves disagreeing on the specifics of the contract arrangement, or how long it was intended to last. In all of these situations, breach of contract claims, or similar arguments, may arise.

Another common area of dispute is with customers or consumers who may be unhappy with an experience or service they were provided, or who may feel that the product they purchased was not up to the standard they expected. Businesses provide certain implied warranties on products when they are provided to consumers, and when these warranties are breached, and harm is caused, claims can arise.

Finally, employment claims frequently arise in the business context, especially related to hiring and firing. This is a particularly complicated area for many small business owners because important federal laws govern the treatment of employees and require businesses to take great care to avoid discrimination, harassment, or other improper working conditions that adversely affect certain employees. Many small business owners find that it is helpful to keep a qualified employment attorney in the loop to assist with these types of issues.

Preventing and Resolving Disputes

There are several important steps that small businesses can take to help limit the instances of business disputes that they experience. First, and most importantly, business owners should institute policies and procedures meant to govern day-to-day interactions and transactions, in order to reduce the possibility of disputes. For instance, standard contract forms and sales agreements can help to ensure that contracts follow proper requirements and include all necessary clauses for enforceability. Likewise, carefully developed and streamlined policies for hiring and firing employees can help to avoid or refute claims of unfairness or discrimination in those processes. Obtaining necessary waivers from customers and clients, or ensuring that your products clearly demonstrate all necessary warnings and information, can help to limit your liability and ensure that customers are fully informed of the products they may be purchasing.

In all of these situations, it is also very important to put everything in writing. While friendly agreements and arrangements with neighbors can seem reliable in the beginning, undocumented business arrangements frequently lead to dispute and hassle down the road when both parties disagree on exactly what they originally agreed to.

If, despite these best efforts, business owners find themselves anticipating a dispute, and possible litigation, there are several routes available for those who wish to avoid the expense of the courtroom. Small businesses may seek to rely on small claims court procedures for resolving outstanding bills, debts, or employment issues when damages are limited. Additionally, there is an emerging focus on the use of collaborative practices to avoid the courtroom altogether. Parties involved in this approach can retain the use of lawyers who specialize in a collaborative focus and will work with the parties to encourage negotiation and settlement, rather than adversarial litigation. Collaborative practice often works well in disputes arising between parties who have had a long and productive business relationship.

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Read about situations when disputes related to the operation of a business commonly arise, how to handle them, and how to reduce the risk of facing them.

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We are a full service litigation defense firm providing sophisticated legal advice and council to insurance carriers and private businesses across a wide variety of industries. For your convenience, we have offices nationwide.

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Employment Defense Attorney | Labor & Employment Law | Kaufman Dolowich

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Kaufman Dolowich Law represents the business and insurance communities to provide legal services regarding any workplace issue.

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Summary of the Major Laws of the Department of Labor

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Summary of the Major Laws of the Department of Labor

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The U.S. Department of Labor (DOL) administers and enforces more than 180 federal laws. These mandates and the regulations that implement them cover many workplace activities for about 150 million workers and 10 million workplaces.

Following is a brief description of many of DOL's principal statutes most commonly applicable to businesses, job seekers, workers, retirees, contractors and grantees. This brief summary is intended to acquaint you with the major labor laws and not to offer a detailed exposition. For authoritative information and references to fuller descriptions on these laws, you should consult the statutes and regulations themselves.

Wages and Hours

The Fair Labor Standards Act prescribes standards for wages and overtime pay, which affect most private and public employment. The act is administered by the Wage and Hour Division. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. For nonagricultural operations, it restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous. For agricultural operations, it prohibits the employment of children under age 16 during school hours and in certain jobs deemed too dangerous.

The Wage and Hour Division also enforces the labor standards provisions of the Immigration and Nationality Act that apply to aliens authorized to work in the U.S. under certain nonimmigrant visa programs (H-1B, H-1B1, H-1C, H2A).

Workplace Safety and Health

The Occupational Safety and Health (OSH) Act is administered by the Occupational Safety and Health Administration (OSHA). Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state programs, which also cover public sector employers. Employers covered by the OSH Act must comply with OSHA's regulations and safety and health standards. Employers also have a general duty under the OSH Act to provide their employees with work and a workplace free from recognized, serious hazards. OSHA enforces the law through workplace inspections and investigations. Compliance assistance and other cooperative programs are also available.

Workers' Compensation

If you worked for a private company or a state government, you should contact the workers' compensation program for the state in which you lived or worked. The U.S. Department of Labor's Office of Workers' Compensation Programs does not have a role in the administration or oversight of state workers' compensation programs.

The Longshore and Harbor Workers' Compensation Act, administered by The Office of Workers Compensation Programs (OWCP), provides for compensation and medical care to certain maritime employees (including a longshore worker or other person in longshore operations, and any harbor worker, including a ship repairer, shipbuilder, and shipbreaker) and to qualified dependent survivors of such employees who are disabled or die due to injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in loading, unloading, repairing or building a vessel.

The Energy Employees Occupational Illness Compensation Program Act is a compensation program that provides a lump-sum payment of $150,000 and prospective medical benefits to employees (or certain of their survivors) of the Department of Energy and its contractors and subcontractors as a result of cancer caused by exposure to radiation, or certain illnesses caused by exposure to beryllium or silica incurred in the performance of duty, as well as for payment of a lump-sum of $50,000 and prospective medical benefits to individuals (or certain of their survivors) determined by the Department of Justice to be eligible for compensation as uranium workers under section 5 of the Radiation Exposure Compensation Act.

The Federal Employees' Compensation Act (FECA), 5 U.S.C. 8101 et seq., establishes a comprehensive and exclusive workers' compensation program which pays compensation for the disability or death of a federal employee resulting from personal injury sustained while in the performance of duty. FECA, administered by OWCP, provides benefits for wage loss compensation for total or partial disability, schedule awards for permanent loss or loss of use of specified members of the body, related medical costs, and vocational rehabilitation.

The Black Lung Benefits Act provides monthly cash payments and medical benefits to coal miners totally disabled from pneumoconiosis ("black lung disease") arising from their employment in the nation's coal mines. The statute also provides monthly benefits to a deceased miner's survivors if the miner's death was due to black lung disease.

Employee Benefit Security

The Employee Retirement Income Security Act (ERISA) regulates employers who offer pension or welfare benefit plans for their employees. Title I of ERISA is administered by the Employee Benefits Security Administration (EBSA) and imposes a wide range of fiduciary, disclosure and reporting requirements on fiduciaries of pension and welfare benefit plans and on others having dealings with these plans. These provisions preempt many similar state laws. Under Title IV, certain employers and plan administrators must fund an insurance system to protect certain kinds of retirement benefits, with premiums paid to the federal government's Pension Benefit Guaranty Corporation. EBSA also administers reporting requirements for continuation of health-care provisions, required under the Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA) and the health care portability requirements on group plans under the Health Insurance Portability and Accountability Act (HIPAA).

Unions and their Members

The Labor-Management Reporting and Disclosure Act of 1959 (also known as the Landrum-Griffin Act) deals with the relationship between a union and its members. It protects union funds and promotes union democracy by requiring labor organizations to file annual financial reports, by requiring union officials, employers, and labor consultants to file reports regarding certain labor relations practices, and by establishing standards for the election of union officers. The act is administered by the Office of Labor-Management Standards.

Employee Protection

Most labor and public safety laws and many environmental laws mandate whistleblower protections for employees who complain about violations of the law by their employers. Remedies can include job reinstatement and payment of back wages. OSHA enforces the whistleblower protections in most laws.

Certain persons who serve in the armed forces have a right to reemployment with the employer they were with when they entered service. This includes those called up from the reserves or National Guard. These rights are administered by the Veterans' Employment and Training Service.

This law bars most employers from using lie detectors on employees, but permits polygraph tests only in limited circumstances. It is administered by the Wage and Hour Division.

Garnishment of Wages

Garnishment of employee wages by employers is regulated under the Consumer Credit Protection Act which is administered by the Wage and Hour Division.

Family and Medical Leave Act

Administered by the Wage and Hour Division, the Family and Medical Leave Act (FMLA) requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent.

Veterans' Preference

Veterans and other eligible persons have special employment rights with the federal government. They are provided preference in initial hiring and protection in reductions in force. Claims of violation of these rights are investigated by the Veterans' Employment and Training Service.

Government Contracts, Grants, or Financial Aid

Recipients of government contracts, grants or financial aid are subject to wage, hour, benefits, and safety and health standards under:

The Davis-Bacon Act, which requires payment of prevailing wages and benefits to employees of contractors engaged in federal government construction projects;

The McNamara-O'Hara Service Contract Act, which sets wage rates and other labor standards for employees of contractors furnishing services to the federal government; and

The Walsh-Healey Public Contracts Act, which requires payment of minimum wages and other labor standards by contractors providing materials and supplies to the federal government.

Administration and enforcement of these laws are by the Wage and Hour Division. The Office of Federal Contract Compliance Programs administers and enforces three federal contract-based civil rights laws that require most federal contractors and subcontractors, as well as federally assisted construction contractors, to provide equal employment opportunity. The Office of the Assistant Secretary for Administration and Management's Civil Rights Center administers and enforces several federal assistance based civil rights laws requiring recipients of federal financial assistance from Department of Labor to provide equal opportunity.

Migrant and Seasonal Agricultural Workers

The Migrant and Seasonal Agricultural Worker Protection Act regulates the hiring and employment activities of agricultural employers, farm labor contractors, and associations using migrant and seasonal agricultural workers. The Act prescribes wage protections, housing and transportation safety standards, farm labor contractor registration requirements, and disclosure requirements. The Wage and Hour Division administers this law.

The Fair Labor Standards Act (FLSA) exempts agricultural workers from overtime premium pay, but requires the payment of the minimum wage to workers employed on larger farms (farms employing more than approximately seven full-time workers. The Act has special child-labor regulations that apply to agricultural employment; children under 16 are forbidden to work during school hours and in certain jobs deemed too dangerous. Children employed on their families' farms are exempt from these regulations. The Wage and Hour Division administers this law. OSHA also has special safety and health standards that may apply to agricultural operations.

The Immigration and Nationality Act requires employers who want to use foreign temporary workers on H-2A visas to get a labor certificate from the Employment and Training Administration certifying that there are not sufficient, able, willing and qualified U.S. workers available to do the work. The labor standards protections of the H-2A program are enforced by The Wage and Hour Division.

Mine Safety and Health

The Federal Mine Safety and Health Act of 1977 (Mine Act) covers all people who work on mine property. The Mine Safety and Health Administration (MSHA) administers this Act.

The Mine Act holds mine operators responsible for the safety and health of miners; provides for the setting of mandatory safety and health standards, mandates miners' training requirements; prescribes penalties for violations; and enables inspectors to close dangerous mines. The safety and health standards address numerous hazards including roof falls, flammable and explosive gases, fire, electricity, equipment rollovers and maintenance, airborne contaminants, noise, and respirable dust. MSHA enforces safety and health requirements at arround 13,000 mines, investigates mine accidents, and offers mine operators training, technical assistance and compliance assistance.

Construction

Several agencies administer programs related solely to the construction industry. OSHA has occupational safety and health standards for construction; The Wage and Hour Division, under Davis-Bacon and related acts, requires payment of prevailing wages and benefits; The Office of Federal Contract Compliance Programs enforces Executive Order 11246, which requires federal construction contractors and subcontractors, as well as federally assisted construction contractors, to provide equal employment opportunity; the anti-kickback section of the Copeland Act precludes a federal contractor from inducing any employee to sacrifice any part of the compensation required.

Transportation

Most laws with labor provisions regulating the transportation industry are administered by agencies outside the Department of Labor. However, longshoring and maritime industry safety and health standards are issued and enforced by OSHA. The Longshoring and Harbor Workers' Compensation Act, requires employers to assure that workers' compensation is funded and available to eligible employees. In addition, the rights of employees in the mass transit industry are protected when federal funds are used to acquire, improve, or operate a transit system. Under the Federal Transit law, the Department of Labor is responsible for approving employee protection arrangements before the Department of Transportation can release funds to grantees.

Plant Closings and Layoffs

Such occurrences may be subject to the Worker Adjustment and Retraining Notification Act (WARN). WARN offers employees early warning of impending layoffs or plant closings. The Employment and Training Administration (ETA) provides information to the public on WARN, though neither ETA nor the Department of Labor has administrative responsibility for the statute, which is enforced through private action in the federal courts.

Some of the statutes and regulations enforced by the U.S. Department of Labor require that notices be provided to employees and/or posted in the workplace. DOL provides free electronic and printed copies of these required posters.

The elaws Poster Advisor can be used to determine which poster(s) employers are required to display at their place(s) of business. Posters, available in English and other languages, may be downloaded and printed directly from the Advisor. If you already know which poster(s) you are required to display, see below to download and print the appropriate poster(s) free of charge.

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Summary of the Major Laws of the Department of Labor

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The U.S. Department of Labor (DOL) administers and enforces more than 180 federal laws. These mandates and the regulations that implement them cover many workplace activities for about 150 million workers and 10 million workplaces. Following is a brief description of many of DOL's principal statutes most commonly applicable to businesses, job seekers, workers, retirees, contractors and grantees.

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Equal Employment Opportunity Commission Proposes Updated Guidance on Workplace Harassment

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Equal Employment Opportunity Commission Proposes Updated Guidance on Workplace Harassment

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Equal Employment Opportunity Commission Proposes Updated Guidance on Workplace Harassment, 10-26-2023 - Kaufman Dolowich

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The United States Equal Employment Opportunity Commission (EEOC) recently released its long-awaited draft enforcement guidance on harassment in the

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Data Breach Attorney for Privacy Protection - KDV Law

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If you have a cybersecurity-related dispute consult a qualified data breach attorney at Kaufman Dolowich for guidance.