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Garden City New York Legal Blog

My employer is not giving me meal or rest breaks; what can I do?

In order to pay to live in New York, it is necessary to work. This does not mean you are a slave to your job or your employer. Depending on the length of your shift, you have the right to take meal and, possibly, rest breaks. What can you do if your employer is not offering these to you?

If your employer is not honoring meal and rest breaks, you may file a complaint with the Department of Labor. You may take further action by pursuing legal claims against your employer in an effort to seek compensation for your losses.

Understanding when an employee is exempt or non-exempt

If you own a business in New York, you may have spent a great deal of time learning about the laws and regulations related to your industry. Possibly, you must keep up with new guidelines from the Occupational Safety and Health Administration, and you likely have environmental and tax laws by which you must abide.

You may have a difficult time keeping up with all the laws and regulations for your company, especially those involving your employees. Harassment and retaliation laws are often straightforward, but those regulations and protections afforded by the Fair Labor Standards Act may be confusing. It is critical that you understand the categories of your employees to avoid legal issues.

How do I know the best interests of my child?

Separation or the end of a marriage is always a difficult process. Even straightforward and amicable divorces between understanding spouses can become confusing, complicated and even contentious.

When a marriage has brought offspring into the world, no one feels a divorce more than the children.

Thinking about equitable distribution in divorce

Divorce is a difficult process, even if spouses remain compassionate towards each other. The end of a marriage is always easier when the people in it can solve any disagreements about how it will end quickly and smoothly.

How do I deal with an uncontested divorce?

Divorce can be a messy process, with disputes causing costly and lengthy problems between spouses. Fortunately, the end of a marriage does not necessarily have to be contentious, although even simple divorces without acrimony should not be attempted alone.

How can I file for an uncontested divorce?

How can child support enforcement help parents?

Divorce can be hard on residents of Long Island, but no one experiences it more acutely than the children of a broken marriage. If one parent ends up with sole or primary custody, he or she may need some help making sure that child support takes the financial question out of a child's future.

Nassau and Suffolk County Courts both offer child support enforcement assistance in the case of divorcing or divorced parents. Parents are best served to understand how these divisions can best help them.

What do I need to know about property before divorce?

A divorce is never an easy thing for a couple to go through, even if the proceedings are amicable. Although children of a marriage that is breaking up are the most important and often most divisive issue in a divorce, the division of property from a marriage is usually a close second for parents.

A lawyer may be a person's best friend when sorting out all the needs for divorce proceedings. Attorneys make things better when they have all the right information, so there are inquiries that people should make when planning for the end of their marriage.

Who needs a prenuptial agreement?

For most couples, talking about love comes easy. Money is the hard thing topic. When couples consider a prenuptial agreement, this can be a real barrier. The more assets that are involved, the more complicated and analytical the discussions will be. Prenups already force a couple to consider the uncomfortable hypothetical of a break-up, which is the opposite of the romantic weddings they are often planning.

The process is trying, but ultimately worthwhile, explains writer Abby Mims in a New York Times essay about her own experience. Discussing finances and making comparisons between partners is a challenge, but it ultimately creates a strong foundation for the marriage to build on.

Alternatives to a messy Long Island divorce

A divorce in Nassau or Suffolk Counties may be unpleasant — no divorce is ever enjoyable — but it does not need to be a terrible experience. With the right attitude, expectations and legal representation, ending a marriage on Long Island can be almost as easy as starting one.

"Messy" divorces are usually contested divorces, which pit spouse against spouse for control of property, assets and — the one thing you want to avoid fights over — children and child custody. These are often expensive and prolonged processes that are demoralizing and hurtful. The good news is that there are other ways to avoid a contested divorce if spouses agree on important main points.

Seeking child support or custody on Long Island

Divorce and separation are difficult for anyone. Even amicable breakups can result in animosity over the tough decisions that have to be made. One of the largest difficulties is around any children that were born and raised during the relationship or marriage.

Making sure that children are able to live their best lives is the main concern of dutiful parents, as well as the Child Support Enforcement departments of Nassau and Suffolk Counties. These authorities can help parents and children make sure that parents continue to fulfill responsibilities after divorce or the end of a relationship.

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