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Practical legal guidance on litigation, business law, employment, formation, nonprofit law, and estate planning — for businesses and individuals in New York and New Jersey.

Litigation, Employment Sung-Min Lee Litigation, Employment Sung-Min Lee

NY and NJ Sexual Harassment Standards: What Korean Employers Need to Know About Mandatory Policies, Training, and Liability

This article explains the sexual harassment obligations that New York and New Jersey impose on Korean employers, going well beyond the federal Title VII baseline. It covers the NYSHRL's 2019 amendment eliminating the severe or pervasive standard, the NYCHRL's broader liability framework applicable to NYC employers with four or more employees, New York State's mandatory written sexual harassment prevention policy requirements and annual training obligations for all employees regardless of size, New Jersey LAD's extension of individual personal liability to supervisors and managers who engage in or enable harassment, the specific investigation and documentation obligations triggered within 72 hours of receiving an internal complaint, the retaliation prohibition from the moment a complaint is made, Korean workplace cultural patterns — hierarchy-based informality, 회식 culture, and gender role task assignments — that create unintended legal exposure under U.S. standards, and the four components of a compliant employer: written policy, annual training, documented complaint procedure, and prompt investigation protocol.

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Employment, Litigation Sung-Min Lee Employment, Litigation Sung-Min Lee

My Business Was Just Served With an Employment Discrimination Complaint — First Steps for NY and NJ Employers

This article explains the seven immediate steps a New York or New Jersey employer must take upon receiving an employment discrimination complaint: identifying the type of proceeding and applicable deadlines (twenty-one days in federal court, twenty or thirty days in New York Supreme Court, thirty-five days in New Jersey Superior Court); refraining from all contact with the complainant to avoid retaliation exposure; issuing an immediate litigation hold covering physical and electronic documents including KakaoTalk and messaging app communications; notifying the EPLI carrier and requesting coverage confirmation; engaging employment defense counsel immediately; gathering and organizing the factual record under attorney-client privilege without reconstructing or backdating documents; and making an early, honest assessment of the claim's merits and settlement value before significant litigation costs accumulate.

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Employment, Litigation Sung-Min Lee Employment, Litigation Sung-Min Lee

Individual Liability Under the NJ Law Against Discrimination: When Managers Get Sued Personally

This article explains how New Jersey's Law Against Discrimination imposes individual personal liability on owners, managers, and supervisors who personally participate in discriminatory conduct under N.J.S.A. 10:5-12(e)'s aiding and abetting provision. It covers which individuals face personal exposure — owners, store managers, and supervisory employees — the conduct that triggers individual liability including discriminatory termination, hostile work environment harassment, retaliation, and failure to accommodate disability or pregnancy, the full scope of damages recoverable from individual defendants including compensatory damages, emotional distress, punitive damages, and mandatory attorneys' fees, EPLI insurance coverage limitations for individual defendants, and practical steps Korean business owners and managers can take to reduce personal exposure including documentation practices, complaint response protocols, culturally aware conduct standards, and supervisory training.

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Employment, Litigation Sung-Min Lee Employment, Litigation Sung-Min Lee

Wage and Hour Liability for Korean-Owned Businesses: The Five Most Common Violations

This article identifies the five wage and hour violations most commonly committed by Korean-owned businesses in New York and New Jersey: misclassifying employees as independent contractors under the FLSA, NYLL "suffer or permit" standard, and New Jersey's ABC test; failing to pay overtime to non-exempt employees including salaried workers; illegal tip pooling and improper tip credits under New York and New Jersey law; failing to provide wage notices and pay stubs as required by New York's Wage Theft Prevention Act; and failing to maintain accurate time and payroll records. It also addresses personal liability of owners under the FLSA and NYLL's broad definition of "employer."

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Litigation, Employment Sung-Min Lee Litigation, Employment Sung-Min Lee

Wrongful Termination Claims in New York: What Employers Need to Know

This article explains the legal framework for wrongful termination claims in New York from the employer's perspective. It covers the at-will doctrine and its contractual limits, discrimination claims under Title VII, the ADEA, the ADA, the post-2019 NYSHRL, and the NYCHRL, retaliation claims and the whistleblower protections of NYLL Sections 740 and 741, damages including compensatory and punitive awards under the NYSHRL and NYCHRL, individual supervisor liability, best practices for documenting termination decisions, and the OWBPA requirements for enforceable releases of ADEA claims under 29 U.S.C. § 626(f).

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Litigation, Employment Sung-Min Lee Litigation, Employment Sung-Min Lee

My Employee Filed an Unpaid Wage Claim in New York — What Do I Do?

This article explains what New York employers should do when an employee files an unpaid wage claim. It covers the legal framework under the New York Labor Law and FLSA, the forums in which wage claims are filed including the NYSDOL and federal court, the six-year statute of limitations under the NYLL, liquidated damages and attorneys' fees exposure, personal liability for LLC members under NYLL Section 198-a, immediate steps including document preservation and litigation hold, common violations including overtime misclassification and independent contractor misclassification, and settlement considerations including the FLSA court approval requirement under 29 U.S.C. § 216(b).

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Litigation, Employment Sung-Min Lee Litigation, Employment Sung-Min Lee

My Business Was Just Sued by Employees — What Is an FLSA Collective Action or Class Action, and What Do I Do?

FLSA collective actions and state law wage and hour class actions expose small business owners to unpaid wages, automatic liquidated damages under 29 U.S.C. § 216(b), and attorney's fees — with a lookback period of up to six years under New York Labor Law. Owners can also face personal liability. The most consequential decisions occur in the first weeks of the case, before the certification motion is decided.

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Employment Sung-Min Lee Employment Sung-Min Lee

New Jersey Supreme Court Rules Undocumented Workers Are Entitled to Wage Protections

Lopez v. Marmic LLC (N.J. Supreme Court, March 19, 2026) holds that New Jersey's wage and hour statutes require employers to pay undocumented workers for work already performed, notwithstanding IRCA's prohibition on employing unauthorized aliens. The court narrowly read Hoffman Plastic as limited to backpay for work not performed, and rejected both the barter-for-wages defense and the documentation-irregularity credibility argument. For NJ employers: immigration status is not a wage defense, non-cash substitutes for wages don't satisfy state law, and the NJ DOL's enforcement posture on these claims now has unanimous Supreme Court backing.

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Non-Compete Agreements in New York and New Jersey: What Employers Need to Know in 2026

Non-compete agreements in New York and New Jersey are enforceable today — but may not be for long. New York's Senate passed a bill in June 2025 that would ban most non-competes for employees earning under $500,000 per year, and the bill remains pending before the Assembly. New Jersey introduced an even broader bill that would void most existing agreements retroactively. This article explains the current law in both states, what the pending legislation would change, and what employers should do now.

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