Author Archives: mboxerman

Withholding or Reducing Discretionary Bonuses May Lead to Discrimination Claims

In October 2015, the Second Circuit Court of Appeals ruled that an employer’s reduction of an employee’s discretionary bonus constitutes an adverse employment action and may support an employee’s discrimination claim. Davis v. New York City Dep’t of Educ., 2015 … Continue reading

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Negotiating Commercial Leases – Part 4 – Eliminating Financial Obstacles

During the last few weeks, Marcus & Boxerman published a series of blog posts about red flag provisions in commercial leases. This installment explains how to control the state of your finances by eliminating obstacles from your next commercial lease. Check … Continue reading

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Negotiating Commercial Leases – Part 3 – Hidden & Unnecessary Costs

Last week, Marcus & Boxerman posted the second installment of a four-part series on clauses to watch out for in commercial leases. This installment discusses making sure you get what you pay for by avoiding hidden and unnecessary costs in your … Continue reading

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Negotiating Commercial Leases – Part 2 – Exclusivity, Permitted Use & Continuous Operation Requirements

Earlier this month, Marcus & Boxerman published the first of a four-part series discussing red flags in commercial leases. This installment discusses the importance of keeping overly restrictive permitted use and continuous operation provisions out of your lease while insisting that an … Continue reading

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Negotiating Commercial Leases – Part 1 – Preventing Sublease & Assignment Restrictions, Relocation & Demolition

During the month of October, Marcus & Boxerman will publish a four-part series discussing red flag provisions that you should look out for in commercial leases. Part One focuses on clauses that restrict your options or undercut the stability of … Continue reading

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NLRB’s Controversial Decision Will Impact Classic Franchise Relationship

In a recent ruling, the National Labor Relations Board (the “Board”) replaced a decades-old standard for determining whether a joint employer relationship exists between two or more employers that retain some degree of control over the same set of employees. … Continue reading

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Employer Best Practices – Part 3 – Common Compliance Issues Facing Employers

Throughout August, Marcus & Boxerman has published a series exploring employer best practices. First, we discussed creating employee handbooks and adopting uniform employment policies, and earlier this week, we detailed best practices employers should use in maintaining employee personnel files. … Continue reading

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Employer Best Practices – Part 2 – Maintaining Personnel Files

Earlier this month, Marcus & Boxerman published the first in a three-part series highlighting employer best practices. In case you missed it, click here to learn about best practices for employee handbooks and uniform enforcement of employment policies. This installment … Continue reading

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Employer Best Practices – Part 1 – Employee Handbooks and Uniform Employment Policies

Over the next few weeks, Marcus & Boxerman will publish a three-part series discussing employer best practices. Part One focuses on the practices all employers should adhere to in creating, developing, and enforcing employment policies and workplace conditions. Part Two … Continue reading

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U.S. Department of Labor: Most Workers are Employees, Not Independent Contractors

On July 15, 2015, Administrator David Weil, of the Wage and Hour Division of the U.S. Department of Labor (“DOL”), issued an Administrator’s Interpretation (“Interpretation”) making clear that the vast majority of workers are employees, not independent contractors, regardless of … Continue reading

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