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June 2019 Archives

Can an independent contractor waive employee rights?

As someone who owns and operates a small business in the state of New York, at times you may need to hire an independent contractor to handle tasks that an employee is not qualified for. In doing so, you are aware that state and federal law carefully distinguishes between employees and independent contractors and can penalize you for treating an independent contractor as an employee. So you should be careful while designating a worker as an independent employee.

Understanding sovereign immunity

There are some who might argue that people are more hesitant to bring claims against government or municipal agencies because the thought of battling it out with such organizations may seem daunting. On the other hand, as the representative of such an agency, your experience may have shown you that people see state and local governments as easy targets. Many in your same situation often come to us here at Stockton, Barker & Mead, LLP questioning exactly what rights their employees have when bringing claims against their agencies. They often cite a legal principle that is widely misunderstood: sovereign immunity. 

When might an employee not be covered?

The general assumption regarding workers' compensation benefits is that all eligible employees have access to them, regardless of fault. This offers you (as an employer in Troy) an added sense of security in knowing that not only is your workforce protected, but so are you. Yet could there be situations where an employee is excluded them receiving workers' compensation coverage?

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