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Questions Answered by V. Jonas Urba
2 Answers | Asked in Employment Law and Business Law for New York on
Q: I have a small cleaning business in NY and I want to send people out to clean.

At this point, I don't have a large clientele, so I would like to take on people as I get the jobs, like gigs. It seems like the best way to go would be to take them on as independent contractors instead of employees until I have more steady work for them. How would I go about this and what... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 17, 2022

They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.

If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts...
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1 Answer | Asked in Employment Law for New York on
Q: My employer told me that they be reaching out to NYS DOH licensing department after I said I quit

I recently quit my job through an email and my employer responded saying that they’ll be following up with nys doh licensing department on the matter. I guess my question is, what does that mean? By the way I’m a licensed registered nurse

V. Jonas Urba
V. Jonas Urba answered on Dec 27, 2021

I believe New York State's Department of Education licenses nurses. Check your licensure status, make sure you have complied with all continuing education requirements and reporting if there are any incidents which require your disclosure or reporting to the licensure Board.

Review any...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Physician Noncompete agreements: How enforceable are they? What are the consequences for breaking them?

I signed a noncompete that says I can’t work for 2.5 years and 15mi from the office location in Nassau county. I want to work for another group.

V. Jonas Urba
V. Jonas Urba answered on Dec 6, 2021

About 5 years ago I conferenced with a physician who had worked for an organization for approximately 25 years. The physician was very highly compensated. This physician appeared "burned-out" and simply wanted a change of pace. The unfortunate part was that the employer had invested... Read more »

1 Answer | Asked in Contracts and Employment Law for New York on
Q: My employer gave us a project that superseded our job description & paygrade, but won't pay us more. Is this bad faith?

My company promotes itself widely and publicly as "living its values," which include accountability, respect and trust and of course DEI. After not getting a bonus, I sought equal pay for the work -- touting those values. I was rebuffed and told it was "skill-building." When I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Nov 9, 2021

Are you referring to a collective bargaining agreement? Such agreements should protect all covered employees. And those agreements must be followed as drafted, reasonably interpreted and fairly applied to all covered employees. A breach of a duty of fair representation aka a DFR claim might be... Read more »

2 Answers | Asked in Health Care Law for New York on
Q: Im a nurse.the hospital called to say im being "investigated for inappropriate access to a patient chart"recommendation?

Im a contracted local travel nurse to this hospital. I have not spoken directly with the hospital yet. I Believe they think is a HIPPA violation.

V. Jonas Urba
V. Jonas Urba answered on Nov 7, 2021

Be careful. You have a duty to cooperate. If one of the investigators who contacts you is a lawyer ask if you should retain a lawyer. They don't have to permit you to have a lawyer and raising the issue, unless they involve lawyers, could make the situation worse unless you suspect that you... Read more »

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1 Answer | Asked in Employment Law for New York on
Q: the company can fire me because my health condition (cold allergy) ??

it's been 1 month that I'm in this new job. it's a warehouse and they have 3 zones there: ambient, chilled and frozen.

everybody needs to stay 2 hours in the frozen zone (they provide special clothes)

but I have cold allergy ( it's kind of rare urticaria, and... Read more »

V. Jonas Urba
V. Jonas Urba answered on Nov 2, 2021

A suggestion might be to launch the interactive process.

What's that? You request a reasonable accommodation based on your "disability" which does not cause your employer an undue hardship. Remember that you must be able to perform the essential functions of your job with or...
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1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for New York on
Q: How does the process for pre-employment drug screening work with marijuana for remote work positions?

I received a offer from United Health Group and the preemployment process has a standard drug screening which includes marijuana. I reside in NYS. Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?

V. Jonas Urba
V. Jonas Urba answered on Oct 31, 2021

No more Cannabis testing in New York except in special circumstances. See this link:

https://www.ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed

Apply for the job honestly. Complete all questionnaires, etc... honestly....
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1 Answer | Asked in Employment Law for New York on
Q: I tested positive for covid. I have to miss work for 10 days. Does my employer have to pay me?
V. Jonas Urba
V. Jonas Urba answered on Oct 26, 2021

Maybe. Depends on your employer. See this link:

https://www.ny.gov/programs/new-york-paid-sick-leave

If you work in any of New York City's Boroughs see this link:

https://www1.nyc.gov/site/dca/about/paid-sick-leave-law.page

Generally, smaller employers (fewer...
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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: How to look up Equitable Estoppel Employment Cases that was successful in relation to plaintiff mental illness

Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund

V. Jonas Urba
V. Jonas Urba answered on Oct 17, 2021

A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can a school district put you on unpaid leave without it being in contract for refusing Covid-19 weekly testing

We were given a letter this week to submit for weekly Covid-19 testing starting next week in we are unvaccinated. A few of us bus drivers are refusing for various reasons and concerns. We were told they would put us on unpaid leave for refusing. I read that they cannot do this if it's not in... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 15, 2021

It's a public safety issue like wearing seat belts although you can't see the potentially deadly nature of the virus.

If you have a strongly held religious belief from a recognized religious group or organization speak with those authorities about an exemption. If your physician...
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1 Answer | Asked in Health Care Law for New York on
Q: In NY if 3 children are named as agents on a Health care Proxy do all 3 have to agree on decisions or can 2 overrule?

none

V. Jonas Urba
V. Jonas Urba answered on Oct 11, 2021

The plain meaning of the language of any legal document applies. Was the document drafted clearly and unambiguously? Carefully examine the four corners of the document, meaning what language is used throughout the document. Hopefully yes and that answers your question.

If not, how will any...
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1 Answer | Asked in Employment Law for New York on
Q: fmla expired I am still disabled and cannot return to work & my co. Is not giving me accurate info on next steps for ext

ASKED FOR EXT LEAVE OF ABSENCE AND THEY TOLD ME TO SPEAK TO MY DOCTOR & REQUEST ADA IS THIS ACCURATE

V. Jonas Urba
V. Jonas Urba answered on Oct 8, 2021

You must be able to perform your job duties with or without a reasonable accommodation.

Extending your FMLA leave might be a reasonable accommodation depending on the circumstances. Have you kept your employer informed of a date certain for when you will return? An open-ended date rarely...
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2 Answers | Asked in Employment Law for New York on
Q: I work in HR, and I have an employee who is on intermittent FMLA. They mentioned quitting, what else should we do?

The EE received their rights and responsibilities under FMLA. However, this EE likes to "play chess" in a sense that they may potentially come after us even though they voluntarily resigned and we have followed the law and rules to a T. We informed them of what their leave is allowed... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 27, 2021

Have you requested the employee to sign a general release and waiver of their right to sue you? Of course you would offer them some adequate consideration in return, which may be almost anything of value. And remember, every employee now has at least 21 days by law to sleep on, consider your offer.... Read more »

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1 Answer | Asked in Employment Law for New York on
Q: If the company you work for is bought out by a different company is the old company required to transfer PTO

They said Governor Cuomo made a law that applies to NYC residents and not the rest of NY that is why we did not get paid out our safe and sick time

V. Jonas Urba
V. Jonas Urba answered on Sep 9, 2021

Governor Cuomo had the authority to sign laws which the state legislature made for the entire State of New York, including New York City. But he had no authority to give favorable treatment to employees who work in NYC and not give the same benefits to the rest of the state unless it was some... Read more »

1 Answer | Asked in Employment Law for New York on
Q: I am moving from NY to SC. I will be unemployed. Will I be eligible to apply for unemployment benefits.
V. Jonas Urba
V. Jonas Urba answered on Sep 9, 2021

Maybe. It depends on the circumstances related to the loss of your last job. If you quit the job that will likely present a formidable challenge unless you were constructively discharged. Essentially forced to quit, no other choice, and not your fault. You will want to check with lawyers who handle... Read more »

1 Answer | Asked in Employment Law for New York on
Q: If you're scheduled for work and find the store closed to you get paid

Store was closed for co leak and I wasn't notified

V. Jonas Urba
V. Jonas Urba answered on Sep 2, 2021

New York City's Code may be helpful. Here is a link:

https://www1.nyc.gov/assets/dca/downloads/pdf/about/FairWorkweek-LawRules.pdf

You may want to review your employee handbook, which every employer should have, although not mandated to have, which might address closures....
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1 Answer | Asked in Employment Discrimination for New York on
Q: Looking for some clarification regarding to this document. It’s seems to be an adjustment request to a existing law?

Face Coverings for COVID-19 Prevention Effective date: 8/27/21

Pursuant to the authority vested in the Public Health and Health Planning Council and the Commissioner of Health by Sections 201, 206, and 225 of the Public Health Law, Title 10 (Health) of the Official Compilation of Codes,... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 1, 2021

Not sure what your question is. The regulation/law seems clear, plain, unambiguous. It seems to speak for itself:

2.60. Face Coverings for COVID-19 Prevention

(a) As determined by the Commissioner based on COVID-19 incidence and prevalence, as well

as any other public health...
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1 Answer | Asked in Contracts for New York on
Q: If I am to become a power of attorney for my ex husband and I am on ny state gov.benefits can they recoup or take away

Benefits issued to me he also receives compensation payments

V. Jonas Urba
V. Jonas Urba answered on Sep 1, 2021

An attorney in fact, appointed by the principal or the maker of the document, steps into the shoes of the maker or principal of the document.

The attorney in fact must act in the best interests of the principal or maker of the document. That is called being a fiduciary for the principal or...
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1 Answer | Asked in Contracts and Sexual Harassment for New York on
Q: My boss of 5 years is now insisting I sign a form agreeing he can go through my phone when he wants .

I took a picture of my foot in a company car and for the first time in years it for some reason was an issue to him. Literally my own foot . Could not identify anything else, riding a half hour to a location for work. He also regularly harasses me and makes inappropriate comments making me fear... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 31, 2021

Are you working off the clock? Unpaid overtime for answering calls, texts, emails? He might owe you for up to 6 years of unpaid wages. You could insist on being paid for all that time and firing you for that would be retaliation.

Have you considered telling him that you find his behavior...
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1 Answer | Asked in Employment Law for New York on
Q: I signed a contract stating id pay back a sign-on bonus if I leave before 6months. Can she withhold my last paycheck?

I live in New York State. The sign on bonus was $250, and the contract states I need to stay with her until December 4th. My workplace is hostile and I need to leave. Can she legally withhold my last paycheck to “repay” my sign on bonus?

V. Jonas Urba
V. Jonas Urba answered on Aug 24, 2021

Is yours a "similar payment for the benefit of the employee?" And have you signed an agreement which expressly authorizes the deduction? Take a look at Section 193.1 here:

https://www.nysenate.gov/legislation/laws/LAB/193

Not legal advice. No lawyer client relationship. Good luck.

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