Employment Law

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In counting the number of employees to determine whether you…

Customer Question
In counting the number...

In counting the number of employees to determine whether you are a small employer for purposes of complying with the new labor law affecting minimum wages in nyc are exempt /management employees included in the count. In other words if you have 11 employees but one is an exempt manager is your count reduced to 10

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

New York state and new York city. the city regulations and implementation differs from the state law

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, "at will"

Submitted: 8 months ago.Category: Employment Law
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Answered in 6 minutes by:
9/21/2017
Employment Lawyer: Roy Hadavi,
 replied 8 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,278
Experience: Attorney at Law Offices of Rosenstein & Associates
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 8 months ago
understood
Employment Lawyer: Roy Hadavi,
 replied 8 months ago

No, you would not include in the count employees that are "in a bona fide executive, administrative or professional capacity".

For additional information:

  • Please click here to view Article 19 of the New York State Labor Law.
  • Please click here to view the New York FAQ regarding the minimum wage law.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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