June 2014

  About Feldman Kieffer

Celebrating its 20th year, Feldman Kieffer is a general practice law firm with a statewide reach. Our goal is to help our clients get great, cost-effective results, both in court and out. With offices in New York, Syracuse, Buffalo, and the Southern Tier, we're able to conveniently serve our clients' needs.

Solutions for our Clients

We consider ourselves to be partners with our clients in achieving the results they need. Communication is critical to the success of the attorney-client relationship, and we pride ourselves on being available to our clients and listening and responding to each client's needs.

To learn more about our team of lawyers, paralegals, and support staff, click here.  To find out more about what we do and how we can help you and your business, click here. To find out where we are, and how you can reach us, click here.

New York's Anti-Discrimination Laws define disabilities as, "physical, mental or medical conditions which are unrelated to the ability to engage in the activities involved in the job." Executive Law, � 292. New York Court have held that an inability to be present at a job site, when the employment requires it, is related to the activities of the job and therefore, may not qualify as a disability.

 

Federally, the law is broader. The Americans with Disabilities Act defines a disability as a mental or physical impairment that substantially limits a major life activity, including working. Employers are required to allow reasonable accommodations for disabled employees. However, in order to maintain a claim of discrimination, an employee must demonstrate that they can perform the essential functions of the job with or without a reasonable accommodation, and attendance is an essential function of most jobs. Therefore, if no reasonable accommodation will solve the attendance problem, or if the attendance problem is unrelated to the disability, the employer may be protected from a discrimination claim.

 

Contact Feldman Kieffer today to ensure your business complies with state and federal disability law.

 

 

The IRS and U.S. Department of Labor ("DOL") have launched a new initiative targeting employers using independent contractors. The IRS estimates that 80% of workers classified as independent contractors are actually employees. Employers can expect to face more audits and closer scrutiny from the additional 100 auditors hired specifically to investigate the misclassification of independent contractors. Investigators on the State level are similarly narrowing their focus.

The distinction between independent contractor and employee is nuanced and fine. The Supreme Court has set forth several factors to consider when classifying a worker. The employer's right to control the manner and means by which the product is accomplished, the skill required, the duration of the relationship, the extent of the hired party's discretion over when and how long to work, and the tax treatment of the hired party are just some of the factors that are weighed in making a classification. The Fair Labor Standards Act includes its own set of factors, not all of which overlap the Supreme Court's. 

A worker's reclassification to employee can create numerous tax, wage, and benefits hassles. Ensure that your business is protected with proactive steps to confirm the independent contractor classification of your workers.

 

Contact Feldman Kieffer for a consultation today.