On January 15, 2022, Local Law 32 of 2022 was enacted, which amends the New York City Human Rights Law (NYCHRL) by requiring salary transparency in job advertisements for positions within New York City.
Unless pushed back by the proposed amendment discussed below, starting May 15, 2022, employers advertising a job, promotion, or transfer opportunity in New York City must include a good faith salary range for the position in the advertisement. Specifically, the advertisement must state the minimum and maximum salary that the employer in good faith believes at the time of the posting they are willing to pay for the position (e.g., not “$15 per hour and up” or “maximum $50,000 per year”). If an employer has no flexibility in the salary, the minimum and maximum salary may be identical (e.g., “$20 per hour”). Salary does not include other forms of compensation or benefits offered in connection with the position.
This requirement applies to employers with four or more employees, regardless of whether the employees work from the same location. As long as one employee works in New York City, the employer must comply.
Importantly, this requirement includes job postings seeking full- or part-time employees, interns, and independent contractors. This requirement applies to positions that can or will be performed in whole or in part in New York City, whether from an office, in the field, or remotely from the employee’s home.
Covered listings include postings on internal bulletin boards, internet and newspaper advertisements, and printed flyers. The new law does not prohibit employers from hiring without using an advertisement, and does not require employers to create an advertisement to hire.
Employers who violate this new law may have to pay monetary damages to affected employees and civil penalties of up to $250,000.
On March 23, 2022, the New York City Council introduced an amendment to the salary transparency law that would narrow its reach by, among other things, excluding posts that do not advertise for a specific position. The amendment would also extend the effective date to November 1, 2022. This proposed amendment is pending, and can be found here.
The Dunnington Employment Practice covers all aspects of the employment relationship – from pre-employment matters to post-termination matters.
Required Disclaimer: This alert is provided for informational purposes and does not constitute, and should not be considered legal advice. Specific facts and circumstances will differ. Neither the transmission nor the receipt of this information shall create an attorney-client relationship between the transmitter and the recipient. You should not take, or refrain from taking, any action based upon information contained in this alert without consulting legal counsel of your own choosing. Under applicable professional rules of conduct, this informational publication may be considered attorney advertising.
“My Rich, Crazy Uncle Died, and I am named as Executor. What should I do?
A Beginner’s Guide to Probate”
April 7, 2022 | 12:30 pm – 1:30 pm ET
Please join us for a CLE* (free) webcast and learn about Probate.
Our presenter Edward W. Greason, Of Counsel, is well-versed in estate planning, probate, and administration of estates and trusts, and will cover:
- Jurisdiction, Probate v. Administration, and Probate Proceedings
- Duties of a Fiduciary, including the Collection of Assets and Appraisals
- Settling the Estate
Register Here. This event has ended.
(Zoom contact information will be sent to you upon registration)
[*] “Dunnington, Bartholow & Miller LLP has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education. This course or program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1 credit hour in Skills, acceptable for transitional credit for established and newly admitted attorneys.
For information and to apply, please contact Tina Carter, Office Manager, at email@example.com. All requests are confidential.
Special Counsel Ludovico G Rossi will speak at the Catholic University of the Sacred Heart in Italy on April 13, 2022 at a live seminar on Corporate Law and International Transactions Involving Italy and the United States organized by Professor Ivan Demuro.
- Please contact us for a copy of our handbook “Proving Italian Law in U.S. Courts.”
March is Women’s History Month and we are pleased to celebrate the achievements of all the women in our firm. Recently we interviewed one of our female partners and also sent out a round of applause to all the talented members of the Dunnington team.
Meet: Olivera Medenica, Partner
Olivera Medenica is an equity partner and serves on the Executive Committee and the Diversity Committee. She chairs the Trademark Practice Group and Privacy Practice Group. Her areas of expertise include intellectual property, privacy, advertising, art and fashion law, international, litigation and arbitration.
Question: What brought you to Dunnington, a firm over 100 years old?
Answer: I wanted to expand my practice and service major corporate clients with the backing of a deep bench. Since joining Dunnington, I have worked on a trademark matter before the United States Supreme Court, landed major corporate clients, and have been able to tap into our litigation team’s broad appellate experience. We truly have a great team at the firm with many people I respect and whose input I value tremendously. I am proud to be part of a New York institution that has been around for so long and fortunate to work with such a group of talented attorneys.
Q: What unique perspective do you bring to the firm?
A: I started my own practice very early out of law school and had to figure things out early, on my own. As a result, all of my matters have been first chair experience and I am often the only woman in the room. For these reasons, it is important that my team be diverse and represent different viewpoints and perspectives on any legal matter. By bringing Dunnington’s diverse team to the table, I believe we are able to provide superior client service and effectively address our client’s biggest challenges.
Q: What support do you get from your team members?
A: While I strategically lead the team, my partners provide critical insight, my associates relentless research and investigation, and our paralegals keep us all on track. My success would not be possible without each and every member of our team. I am so grateful for their support.
Q: Okay, any challenges, then – that you can mention?
A: As a woman lawyer it is important to always value yourself without discounting your services. There should be more visibility and recognition for women-led teams. This is a missed opportunity to validate the work of women in the law. Just one positive comment can inspire anyone to work harder, to push for more and this is so important to hear in an industry that has overwhelmingly and historically been led by white men.
Q: Fair enough! Do you feel you have any competitive edges against larger firms?
A: I really do. We strive to understand a client’s priorities and to examine every problem individually. As a jurist, we have statutes and precedent that we must follow. As an advisor, we listen to our clients and craft a unique solution that works best for them. As an advocate, we blend both to achieve a desired solution. We do not bring a cookie cutter approach to any client or any problem. This gives us a competitive advantage.
Q: Great answer. Can we talk about being a woman in a male-dominated field?
A: Supporting women in the law goes beyond the office and requires a holistic approach to personal and professional life. For example, if a woman bears the brunt of child caring responsibilities, it can be a challenge to compete with a man who can focus exclusively on his career. These are very real, pragmatic issues. However, in a room full of men, I do not feel shy or insecure in the least. I’m not sure I even notice it at this point.
Q: Well said. What’s the latest book you’ve read? How does it relate to your clients or your career approach?
A: The Great Catapult, by Zeeger Vink. It has been on my reading list for a while and I am enjoying it so far. It addresses how businesses can capitalize on their intellectual property assets for competitive advantage… critical issues for my clients.
Q: Finally, what advice would you give women entering the legal field today?
A: I say, focus on being a good attorney! Be nice to people, don’t cut corners or burn bridges. Don’t treat any task as too small or too big for you. Roll up your sleeves and get to work.
Many thanks, Olivera. Yes, I can see that you are really making a difference at Dunnington.
Thanks for your time and comments!
Partner Raymond J. Dowd will speak at a live event on March 9, 2022 at the Estate Planning Council of Suffolk County on the recovery efforts of Nazi-looted art and the legal proceedings and challenges surrounding those efforts.
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Meet the Partners: Rudy Ceres
He also leads our newly formed UK/Commonwealth and Africa desk practice areas. We caught up with him not too long ago to get his views on diversity in the legal profession, what drew him to Dunnington, and how his personal philosophy plays into his practice of law.
Q: What drew you to a firm that has a 100 year history?
A: Like most things in life, we are drawn to people. The Dunnington partners I met are the reasons I joined. In researching the firm, I discovered much more about their successful history – going back to representing family offices, like the Vanderbilt family. Dunnington was also at an historical point – celebrating 100 years and looking forward to the next hundred. I was excited about the opportunity to work with a dynamic and progressive team of partners to help shape the future of the firm and… I have not been disappointed!
Q: You are the firm’s first partner of color, thoughts?
When I joined, I did so with my eyes wide open, knowing that I would be the first black partner. However, it soon became clear that the firm recognized a diversity of thought, experience, perspectives, and cultures and that was vital to advancing the firm into the next 100 years.
And Dunnington has continued to increase diversity at the highest ranks, including an Asian-American female partner in our Trusts and Estates practice and an African-American female counsel in the corporate practice. I see not just lip service but a demonstrated commitment to inclusion and diversity – admittedly not really the norm in the legal profession.
In which ways does Dunnington support your career vision and plans for growth?
Quite a few ways! Soon after I started, I was provided a professional coach who works with me (and all counsel and associates) on devising an actionable business plan. The Executive Committee also asked me to lead our Cicero League of International Lawyers relationship. There, I am Cicero’s U.S. point of contact, allowing me to expand my relationships with lawyers and clients all over the world.
Q: If you could summarize what you deliver to clients, what would that be?
Well, it’s my exposure to a wide range of clients and situations – multiple industries, sectors, startups to large and mid-market companies, always from a “business- first” viewpoint. Over my 25+ years of working in the UK and the States, I’ve served my clients holistically as they expand, grow, and develop their businesses. I’ve advised on acquisitions, raising private capital, and setting-up subsidiaries, addressing myriad issues – corporate, employment, IP, and real estate legal matters.
Q Who has been instrumental in your path to where and who you are today?
It really is my parents, Rudy and Ruth Ceres, without whom I would not be the person I am today. My father, also a lawyer, ran a firm with two offices providing black lawyers (both barristers and solicitors) with opportunities in the legal profession — at a time when opportunities were limited. My mother, a rare C-level member of a hospital group, also encouraged me to take the leap “across the pond” to America. In this, Black History Month and beyond, I am grateful for their unstinting guidance and support!
Q: What’s the last book you read and how does it relate to your view of life, client service, or legal practice?
I just re-read Dan Hicks’ book, The Brutish Museums, which explains the punitive British expeditions of the late 1890s, ending in the destruction and looting of the Benin Kingdom in 1897.
You know, I am working with one partner here, Ray Dowd, a real expert in the restitution of stolen/looted art, and the book truly resonated. Leveraging my relationships with Sub-Saharan African governments, Ray and I are currently working on the restitution of African artefacts both here and in the UK.
I am really honored to work on such an important initiative with the goal of recognizing the contributions of artists from the African continent and its diaspora.
Q: Any suggestions or tips for folks who face challenges in their professional journey?
Three words – grit, determination, and perseverance! Even when it seems like things are not going as we might hope, keep on pushing through. We’re all going to face trials and tribulations. Life is really about how we deal with them – never give up!
And, something that took me a long time to do – seek advice and help from others, both mentors and peers. We’re not alone in this journey even though, at times, it might seem that way.
Thank you, Rudy. Welcome to the firm! You are certainly making a difference.
Please click on the link below to read the full interview:
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From Murder To Museums: Current Controversies Over Nazi-Looted Art Read More
On March 4, 2022 at 5:30 pm, Dunnington Partner Raymond J. Dowd will lecture on Dunnington’s landmark 2013 NY Court of Appeals victory in Matter of Flamenbaum for German museum recovering a golden Assyrian tablet (excavated from the Temple of Ishtar in 1913 by archeologist Walter Andrae). Read More
On January 26, 2022, amendments to New York Labor Law 740 will go into effect, dramatically expanding the scope of protection from retaliation for whistleblowers under New York law. These amendments should have significant impact on employers and employees alike. Read More