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Fair Labor Standards Act (FLSA) Overtime Exemption

On March 7, 2019, the US Department of Labor issued its proposed new exemption rule under the Fair Labor Standards Act (FLSA), raising the minimum salary from $23,660 annually (or $455 per work week) to $35,308 annually (or $679 per work week).  Under the proposed new exemption rule, employees earning a fixed salary under $35,308 annually must be paid overtime (at a rate of time and a half) for hours worked in excess of 40 each week. Above this salary level, eligibility for overtime varies based on job duties (e.g., executive, administrative or professional in nature).  The new exemption rule is likely to take effect in 2020.  For the time being, $23,660 is still the threshold.

Salary thresholds for overtime under the New York Labor Law were increased in late 2016 and vary depending on geographic location and employer size.  In Nassau and Suffolk County, for example, the current salary threshold is $900 per work week ($46,800 annually).  In New York City, the current salary threshold is $1,125 per work week ($58,500 annually) for employers with 11 or more employees, and $1,012.50 per work week ($52,650 annually) for employers with 10 or fewer employees.    Where there is a difference between federal and New York law, the law that is more favorable to the employee pre-empts the other one.

Village of East Hampton Adopts New Sanitary Code

The Village of East Hampton enacted a new code provision on February 7, 2019, adding Chapter 233 (Sanitary Systems), which requires Innovative and Alternative On-Site Wastewater Treatment (I/A) Systems to be installed in connection with the construction of any new residence or any substantial improvement of an existing residence.  Continue reading Village of East Hampton Adopts New Sanitary Code

Why It’s Important To Protect Your Young Children Through Estate Planning

In New York there are two types of guardians, a Guardian of the Person and a Guardian of the Property. The Guardian of the Person makes all decisions about the child’s health, education, and general welfare. The Guardian of the Person will make all school decisions, decide where the child lives and generally be in charge of raising your child. The Guardian of the Property handles the child’s assets, if any, under the direction of the court. The Guardian of the Property must get court approval for expenditures and must provide the court with annual accountings of the child’s assets. The Guardian of the Person and the Guardian of the Property do not have to be the same person. In this article I will use the word “guardian” to refer to the Guardian of the Person, unless otherwise noted. As will be discussed below, with a well drafted estate plan you can have a trustee serve as Guardian of the Property with much less input and oversight from a court. Continue reading Why It’s Important To Protect Your Young Children Through Estate Planning

FAA Makes Big Change to Drone ID Law

The Federal Aviation Administration (FAA) has issued a new rule in the Federal Register requiring small drone owners to display the FAA-issued registration number on an outside surface of the aircraft. Previously, owners and operators were permitted to place or write registration numbers in an interior compartment. The rule is effective on February 25, 2019.  After this date, the registration ID must be in place for any flight.

Continue reading FAA Makes Big Change to Drone ID Law

Potential Septic System Upgrade Requirement for Property Transfers in Shelter Island

By now, nearly all East End realtors are aware of Suffolk County and local laws requiring upgrades of septic systems to more technologically advanced – and more expensive (about $20,000 before rebates), on-site wastewater treatment systems. These systems significantly reduce the amount of nitrogen and nitrates that ultimately find their way into well water and local waterways. Such regulations have already been enacted in East Hampton Town, which requires these systems for all new construction, and similar proposals are being discussed in Sag Harbor Village and East Hampton Village. Continue reading Potential Septic System Upgrade Requirement for Property Transfers in Shelter Island

Southold Landlords Best Beware of The Town’s New Rental Permit Requirement

Three years after its adoption of legislation banning short-term rentals in Southold, and after extensive review and revision to address public concerns, the town board adopted a new Rental Permit Code at its December 18, 2018 meeting.  The ban on renting homes for fewer than 14 days was intended to stifle the depletion of affordable long-term rentals and curb noise pollution and traffic congestion caused by transient weekend visitors who use Airbnb or VRBO.  This new law has a much broader application to rentals for any term by owners of one, two, or multi-family dwellings within the Town. Continue reading Southold Landlords Best Beware of The Town’s New Rental Permit Requirement

The Effect of Divorce on Your Estate Plan

The ensuing months after the holiday season usually see an uptick in divorce filings. Some matrimonial practitioners even refer to the first Monday after New Year’s Day as “Divorce Monday.” Of course, many people chalk up this rise in divorce filings to the stress of the holidays or associate the increase in filings with people waiting until after the holidays to file for divorce.  A key issue that many of these people and others filing for divorce don’t often consider is what impact a divorce will have on the soon to be single’s estate plans.

 

During Your Divorce Proceeding

Soon after you, or your spouse, file for divorce your attorney will likely inform you of the Automatic Orders, under 22 NYCRR § 202.16-a. 22 NYCRR § 202.16-a basically provides that, in every matrimonial action after the service of the summons, restrictions are placed on the transfer of the assets of the marriage without the consent of the other party to the divorce or court order. Continue reading The Effect of Divorce on Your Estate Plan

Zoning Isn’t the Only Size Limitation in Historic Districts

An October 2018 New York State Supreme Court, Suffolk County decision setting aside a 2017 Southampton Village Architectural Review and Historic Preservation Board decision approving a nearly 15,000 square foot house on Gin Lane may have considerable impacts on property owners looking to make additions to or replace structures located in any of the East End’s designated historic districts.

Continue reading Zoning Isn’t the Only Size Limitation in Historic Districts