When reviewing an employment contract, we already know to look for restrictive clauses and similar provisions to ensure they are valid. However, there are special clauses that not all workers may be familiar of, one of which are precedence clauses. A clause addressing...
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Samuel L. Drukman, Esq., Attorney At Law, Legal Blog
What is consumer fraud, and why does it happen?
Consumer fraud is when an individual or entity employs deceptive business practices to cause a consumer to suffer personal or financial loss. The victims are consumers who genuinely believe they are participating in a legal business transaction when the reality is the...
Exemptions from mandatory paid overtime laws and regulations
Most employees on Long Island and in the greater New York area understand that a group of laws and regulations require employers to pay mandatory overtime at the rate of 150% of the employee’s regular rate of pay for every hour worked in excess of forty in a regular...
What makes a contract enforceable?
Contracts serve as a guiding compass for business partnerships. Its terms and provisions articulate the roles, expectations and responsibilities of the parties involved. Yet, a contract needs more than just complex jargon and provisions to be enforceable. It must...
Resolving disputes: Mediation and due process in special education
Raising a child with special needs and making sure they get the right help in school can be tough. Sometimes, parents have disagreements with the school. These disagreements often revolve around things like whether the Individualized Education Plan (IEP) is suitable,...
Have you been victimized by fraudulent misrepresentation?
You depend on your business contracts to be negotiated in good faith so that you can secure terms that are favorable to you and that clearly dictate your rights and obligations. Yet, all too often businesses are tricked into signing contracts that aren’t in their best...
Can schools refuse reasonable accommodation requests?
School can be a very uncomfortable place for students with special needs. About two-thirds of American public schools are not accessible to those with physical disabilities. At the same time, many educational institutions are hesitant to implement changes that could...
Be aware of these four risks of starting a sole proprietorship
You have a lot of options when it comes to choosing a structure to support your new business. While each type has its own benefits, each also has drawbacks that may impact your business operations moving forward. To mitigate those risks as much as possible, you should...
What should a partnership agreement address?
Partnership agreements can be essential to maintain order within a business operating under two or more parties. This contract typically contains each party's ownership, responsibilities and management obligations. It can also include specific resolutions or...
Why you should not reuse a standard contract for all agreements
Operating a company can be overwhelming, especially if your business starts to pick up. With an increase in product or service demand, your business will also need to adjust. You may need to hire more employees, attract additional investors and update agreement terms...