Feb 26, 2021

Updates to the Minimum Wage Rate and Tip-Credit Regulations: For The New York Restaurant and Hospitality Industry

Minimum Wage

According to the most recent statistical data available from the U.S. Courts, approximately 14,000 Fair Labor Standards Act (FLSA) cases were commenced during the two-year period ending September 30, 2020, averaging 19 new cases per day.  These cases are especially prevalent in the U.S. District Courts encompassing New York City and Long Island (the S.D.N.Y. and E.D.N.Y.), where 13% of all private cases commenced over the same period were labor suits. (See here.) For employers in the New York restaurant and hospitality industry, compliance with wage and hour provisions of the FLSA and New York Labor Law (NYLL) can be… Read more

Jul 20, 2020

The East River Divide

NY Litigation

Litigation is not mathematics. There is not always a universally accepted equation or answer. Outcomes are often dependent upon the experience-based tendencies of the trial court, or the composition of a jury or appellate court panel. Many considerations go into filing a lawsuit, such as the various theories of liability to be prosecuted, the nature of the relief sought, and the cost-benefit analysis based upon the anticipated expense of litigation. But occasionally, in a suit to be pursued in New York City, an important threshold consideration is in which of the five counties the proceeding should be filed. New York… Read more

Oct 22, 2019

About Noise Complaints

Woman with Pillow over Ears to Cover Noise

Complaints about noise are among the most common issues faced by boards of cooperatives and condominiums in New York City. Apartments are virtually never noise-free. A decision to live in an apartment building includes tacit acknowledgment that, at times, neighbors will be heard.  The question is: when does the level and nature of noise rise to the level of an impermissible nuisance? Determining the answer can be especially difficult. It is not uncommon for noise that one person believes to be unreasonable and life disruptive to be considered by another person to be customary and reasonable. The basic rule applied… Read more

Oct 15, 2017

New 2018 Requirements for Cooperatives and Condominiums

Central Park West NYC

The New York City Council and the New York State Legislature have recently passed legislation subjecting new compliance and reporting requirements for cooperatives and condominiums.  Although these requirements do not go into effect until 2018, cooperative and condominium boards and their managing agents should be aware of them. Smoking On August 28th Mayor De Blasio signed into law a number of bills passed by the City Council amending the New York City Administrative Code to further regulate and discourage smoking.  The use of electronic cigarettes, which many had assumed was already subject to the same “smoking” restrictions as tobacco products, is… Read more

May 10, 2017

More on Second-Hand Smoke

Coffee and Cigarette

Cooperative and Condominium Directors and Managers: There was a collective sigh of relief last week when the Appellate Division, First Department – the New York appellate court whose jurisdiction includes Manhattan and the Bronx – unanimously reversed the lower court’s decision in Reinhard v. Connaught Tower Corp. and vacated an award of substantial damages to a cooperative’s shareholder who claimed that the use of her apartment had been impeded by the infiltration of second-hand cigarette smoke. The Appellate Division did not eliminate the liability of a cooperative or a condominium for second-hand smoke; however, it did indicate that such liability… Read more

Oct 25, 2016

Update on Short-Term Rentals

happy young couple opening door and welcoming friends apartment

On October 21st, Governor Cuomo signed into law a bill that allows fines to be imposed on persons who advertise short-term rentals such as those commonly marketed through Airbnb and similar services. The penalties available are $1,000 for the first violation, $5,000 for the second violation and $7,500 for third and subsequent violations. Airbnb challenged the validity of the law almost immediately in federal court but, unless its enforcement is enjoined or it is struck down, it will remain in effect. As we discussed in our prior memorandum dated March 4, 2015, titled “Occupants”, New York State law bans the… Read more

Feb 3, 2015

Ban on Disposal of Electronic Equipment in New York Took Effect January 1

Under a law enacted in 2010, a complete ban on the disposal of electronics went into effect statewide in New York on January 1. The ban applies to almost all electronics—TVs, computers, video game consoles, smartphones, tablets, etc.—but does not include appliances, light bulbs or batteries. Waste haulers are prohibited from picking up trash that includes electronics. Under the law, both the resident/business and the hauler can be fined for illegal disposal of electronics. A hearing is scheduled this month to set the amounts of applicable fines. The law is intended to divert electronic waste to recyclers. For a map… Read more

May 15, 2014

NY Governor Cuomo Announces $60M State Funding for Nonresidential Solar Energy Projects

On May 13, New York Governor Andrew M. Cuomo announced the availability of $60 million in state funding for the installation of solar energy at nonresidential sites in New York. The announcement is the third round of the NY-Sun Competitive PV Program administered by the New York State Energy Research and Development Authority. The funding is focused on businesses, industries, and institutions that are large energy users. The state funding is intended to leverage private investment in new solar power projects. For more information on the New York solar program, or on development, construction or operation of solar projects generally,… Read more

Feb 26, 2014

Utility Interference Work in New York

Imagine you are a contractor that has decided to pursue work with the city. You are lucky enough to secure a lucrative contract to upgrade the city’s infrastructure, but you discover that certain other infrastructure owned by a private utility must be relocated to complete your work. Now imagine that the private utility refuses to relocate its infrastructure and refuses to enter into a contract to allow you to relocate the utility’s interfering infrastructure. The utility’s lack of cooperation is likely to cause significant and costly delays on your job with the city. What can you do? In Perfetto Contracting… Read more

Nov 5, 2012

Solar Energy Incentives for New York Businesses and Residents

  Three bills enacted this year provide incentives to New York businesses and residents to install solar electric facilities.  Homeowners who lease solar energy equipment or purchase solar power are offered a state tax credit of up to $5,000, effective when the bill was signed by Governor Cuomo on August 17 (A. 34).  Commercial property owners are provided a new sales tax exemption for the purchase and installation of solar energy systems, effective January 1, 2013 (S. 3203).  Real property tax abatement for solar equipment installed at residential, commercial and industrial properties was extended through 2014 (A. 10620).    For more… Read more