Asterita & Associates, LLCAsterita & Associates, LLC Attorneys At Law2026-11-03T00:17:46Zhttps://www.bonfiglioasteritalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1403554/2026/09/cropped-asterita-fav-32x32.pngOn Behalf of Asterita & Associates, LLC<![CDATA[What to include in your first employee handbook]]>https://www.bonfiglioasteritalaw.com/?p=535212026-11-03T00:17:46Z2026-11-03T00:17:46ZHiring your first employee marks a significant step for any business owner. As your team grows, clear written policies protect both your company and the people who work for you. A well-drafted employee handbook sets expectations, reduces misunderstandings, and creates a consistent foundation for management decisions.
What workplace policies should you address?
Start with the basics that govern daily operations: work schedules, attendance requirements, and procedures for requesting time off or reporting an absence. Address pay periods, overtime eligibility, and how performance reviews are conducted.New York law requires employers to adopt a written sexual harassment prevention policy and provide annual interactive training to all employees. The New York State Human Rights Law also prohibits discrimination and harassment on the basis of protected characteristics. Including clear anti-discrimination and anti-harassment policies in your handbook supports legal compliance and sets the standard for a respectful workplace.
How do you establish conduct standards?
Clear behavioral expectations reduce conflict before it starts. Define your dress code, technology use policies, and social media guidelines. Address confidentiality requirements and who owns intellectual property created during employment.Include a disciplinary process so employees understand the consequences of policy violations. Many employers use a progressive structure that begins with verbal warnings, moves to written warnings, and ultimately may lead to termination for repeated or serious misconduct. While New York is an at-will employment state, a structured process promotes fairness and gives employees the opportunity to correct problems.Your handbook should also include a clear disclaimer stating that the handbook does not constitute an employment contract and that employment remains at-will, terminable by either party at any time for any lawful reason.
What must you address about benefits and leave?
Document all benefits your company provides, including health insurance, retirement plans, and any supplemental paid leave. Explain eligibility requirements and enrollment procedures clearly.Be aware that some leave is not optional. New York State Paid Family Leave provides eligible employees with up to 12 weeks of paid, job-protected leave for qualifying events such as bonding with a new child or caring for a seriously ill family member. It is funded through small employee payroll deductions and applies to virtually all New York employers. The New York State Paid Sick Leave Law also requires employers to provide paid or unpaid sick leave depending on the size of the business, ranging from 40 to 56 hours per year. These are legal mandates, not discretionary benefits, and your handbook should reflect your obligations accurately.
Keeping your handbook current
An employee handbook is a working document, not a one-time project. Review and update it annually as your business grows and as state and local employment laws change. Consulting with a New York attorney helps ensure your policies reflect your current legal obligations and protect your company if a dispute arises.]]>On Behalf of Asterita & Associates, LLC<![CDATA[What is attorney review when you buy a home in New Jersey?]]>https://www.bonfiglioasteritalaw.com/?p=535112026-10-29T14:44:09Z2026-10-29T14:44:09ZThe review period lasts three business days
New Jersey requires residential sale contracts prepared by real estate licensees to carry a notice that appears in larger print on the first page and states that the contract becomes final within three business days and that you may consult a lawyer during that time.
The count starts on the business day after you and the seller both receive the signed contract, and Saturdays, Sundays and legal holidays do not count.
Your attorney may review the contract and cancel it
During the review period, your lawyer may study the contract’s terms with you. Your attorney may disapprove the contract for any reason, which cancels it unless the parties negotiate mutually acceptable changes. The seller’s lawyer has the same right, so the seller may cancel as well.
Notice must reach the other side before the period ends
To cancel, your lawyer must notify the other side that you disapprove of the contract within the three business days. Under a 2017 New Jersey Supreme Court ruling, the notice may go by fax, email, hand delivery or overnight mail with a delivery receipt and it must be sent to the broker(s) and the other party.
Notice by overnight mail takes effect when it is mailed. These approved communication methods ensure that actual notice received within the review period legally satisfies the rule. If no attorney disapproves in time, the contract becomes legally binding as written.
Attorney review may help you avoid costly surprises
Having an attorney review your contract early in the period may help you act before the window closes. Every purchase is different, and the days after signing can shape the rest of the deal. A New Jersey real estate attorney can review your contract, propose changes to the seller if needed, explain your options, and help you decide whether to move forward before the window closes.]]>On Behalf of Asterita & Associates, LLC<![CDATA[Passing a family business to the next generation: legal and estate steps]]>https://www.bonfiglioasteritalaw.com/?p=535002026-10-23T22:52:01Z2026-10-23T22:52:01ZEstablishing a clear corporate succession strategy
A successful business transfer begins with reviewing the current legal framework of your company. Whether operating as an LLC, S-Corporation, or partnership, your governing corporate documents should clearly define how ownership transfers occur. Under the New York Limited Liability Company Law and similar statutes, operating agreements and bylaws control these transitions unless they have been specifically addressed.
Key legal mechanisms to consider include buy-sell agreements, which are binding contracts between co-owners or family members that define what happens to an owner's shares upon retirement, incapacity, or death. Operating agreement updates ensure that LLC agreements or corporate bylaws contain clear rules about voting rights, equity transfers, and management authority. Share structures with voting and non-voting equity allow retiring owners to transfer financial value to children while retaining or gradually shifting management control to designated successors. Addressing each of these areas before a transition becomes necessary gives the next generation a stable legal foundation to build on.
Coordinating business documents with estate planning
A common problem in business succession occurs when corporate documents conflict with the owner's personal estate plan. In New York and New Jersey, a general will or generic trust agreement may not override existing shareholder or operating agreements. To avoid this, wills and trusts should be reviewed to confirm that business equity is designated in a way that complies with corporate ownership restrictions. Durable powers of attorney should also be in place to authorize a trusted person to make time-sensitive business decisions during unexpected medical incapacity. Key-person life insurance is another practical tool, providing liquidity to fund buy-sell agreements without drawing down company cash flow.
Managing family dynamics and fair distribution
When one child plans to operate the business and another does not, leaving equal shares can create operational gridlock. Estate planning tools offer practical solutions. The operating business can pass to the successor child while the other children receive equivalent value through real estate, investment accounts, or life insurance proceeds. This approach can achieve fairness without compromising the company's ability to function under unified leadership.
Starting the process early
Business succession planning works best when it begins well before a transition is needed. Early planning allows owners to mentor successors, test management arrangements, and resolve any legal ambiguity in existing documents.
If you are a business owner in the New York or New Jersey area thinking about long-term succession, working with a business succession attorney in New York who understands both corporate and estate planning can help ensure your documents, real estate holdings, and succession arrangements work together effectively.]]>On Behalf of Asterita & Associates, LLC<![CDATA[Key provisions to include in a New York employment contract]]>https://www.bonfiglioasteritalaw.com/?p=534122026-10-07T06:23:44Z2026-10-07T06:23:44ZWhat compensation terms should the contract address?
New York employers must give new hires a written pay notice under the Wage Theft Prevention Act. The notice states the employee’s pay rate, pay basis, regular payday and certain allowances that may count toward the minimum wage.
The contract does not replace this notice. It should also explain:
Base salary or hourly rate
Overtime and bonus terms
Benefits and paid time off
Permitted deductions and expense reimbursement
Clear pay terms can help prevent disputes.
How should the contract address duties and confidentiality?
The agreement should describe the employee’s position, main duties and reporting structure. Clear terms can reduce confusion about the employee’s role.
A confidentiality provision can protect client information, pricing details, trade secrets and other private business information. The agreement should identify protected information and explain the employee’s duties during and after employment.
What should employers know about restrictive covenants?
New York courts closely review non-compete and other restrictive covenants. Courts consider whether a restriction protects a valid business interest, creates undue hardship for the employee or harms the public. A restriction also should not go further than needed to protect the employer’s interests.
Employers should tailor these terms to the employee’s role and the business interest they want to protect. Broad restrictions may not be enforceable.
What should the contract say about termination?
New York generally follows at-will employment. A contract can change that arrangement, so employers should state whether employment remains at will or requires a specific reason for termination.
The agreement may also address notice, severance and final pay. Arbitration and mediation terms should account for federal and New York limits that apply to certain employment claims.
Key takeaways for New York employers
A New York employment contract should address pay, duties, confidentiality, restrictive covenants and termination. Employers should also follow separate state notice rules and consider legal limits on specific contract terms.
Reviewing the agreement before employment begins can clarify expectations and help reduce disputes.]]>On Behalf of Asterita & Associates, LLC<![CDATA[Can you shield your child’s inheritance from divorce in New York?]]>https://www.bonfiglioasteritalaw.com/?p=532432026-09-25T17:08:43Z2026-09-25T17:08:43ZThe risk of commingling
New York courts generally view inheritances as separate property. Accordingly, the wealth your child inherits is typically treated as separate property during a divorce. However, if your child mixes it with joint accounts or uses it to pay shared household expenses, the separate property status might change. Once these assets lose their separate identity, your child's spouse may claim a part of the total value during the divorce.
Creating trusts for long-term protection
Drafting a well-structured trust could offer a strong solution if you are concerned about future marital disputes. By placing assets into trusts, you keep the child from having direct legal control. Instead, an independent trustee will manage the wealth for your child. This arrangement reduces the chances of a court labeling the assets as marital property during a future legal case.
Furthermore, you can set specific terms about how and when your child receives the money over many years. This flexible approach provides a smooth way to transfer wealth while reducing many external risks to the estate.
Securing family legacy
Protecting family assets involves a clear understanding of state laws and financial boundaries. With the help of a New York estate attorney, you may be able to create an effective plan by keeping your personal and family goals in mind.]]>On Behalf of Asterita & Associates, LLC<![CDATA[Who keeps the deposit when a real estate deal falls through?]]>https://www.bonfiglioasteritalaw.com/?p=532032026-09-10T11:22:45Z2026-09-10T11:22:45ZWhen you can get your deposit back
Your contract may include contingencies that let you cancel without losing your deposit. You must meet the contingency requirements and follow the contract's notice deadlines.
Common situations where you may have the right to recover your deposit include:
A failed financing contingency
A qualifying inspection problem
An unresolved title defect
Courts in both New York and New Jersey generally enforce contingency provisions as written. Following your contract's notice requirements and deadlines is important because missing them can affect your right to recover the deposit.
When the seller may keep the deposit
If you back out without a contractual right to cancel, the seller may have the right to keep the deposit as liquidated damages. The contract must support that remedy and the circumstances surrounding the failed closing can affect the outcome.
When the seller backs out of the deal
Your remedies may differ when the seller fails to perform. Depending on the contract, you may recover your deposit and seek additional damages, though proving losses beyond the deposit amount can be difficult and will depend on the specific facts and contract terms. In some cases, you may also seek specific performance, which asks a court to require the seller to complete the sale. New York and New Jersey both recognize this remedy, although your contract and the circumstances will determine whether you can pursue it.
How New Jersey's attorney review period affects your deposit
New Jersey residential contracts generally include a three-business-day attorney review period. During this period, either party's attorney can review and disapprove the contract. If an attorney properly disapproves the contract during this period, the transaction ends and the buyer generally receives the deposit back.
What to do when you disagree about the deposit
If you and the other party disagree about the money, the escrow holder may continue holding the deposit until you resolve the dispute. You may need a signed release or court order before the escrow holder distributes the funds.
Whether you are a buyer or seller, the earnest money deposit is one of the most financially significant terms in a real estate contract. Understanding what your contract says about contingencies, notice deadlines and default remedies – before problems arise – can put you in a much better position if a deal falls through unexpectedly.]]>On Behalf of Asterita & Associates, LLC<![CDATA[What happens to business contracts when you sell the company?]]>https://www.bonfiglioasteritalaw.com/?p=532002026-08-28T14:32:52Z2026-08-28T14:32:52ZSome contracts transfer to the buyer
Some agreements can transfer as part of the sale, allowing the buyer to take over the business relationship and related obligations. For example, an asset sale may include contracts that support the business's day-to-day operations. If you sell your company's ownership interests instead, the company generally remains the contracting party, although other provisions can still affect the agreement.
Some contracts require consent before transfer
Certain agreements require the other party's approval before you can transfer them to the buyer. For example, a contract might say that you cannot assign your rights or obligations without the other party's prior written consent. Under New York law, clear language can make an attempted transfer ineffective without that consent.
This means you cannot assume that a contract will simply follow the business to its new owner. You may need to obtain approval from customers, vendors, landlords or other parties before closing. Checking these provisions early can help you identify agreements that could affect the sale.
Some contracts remain with you
Some agreements may stay with you rather than pass to the buyer. For example, you might have a loan agreement or a contract tied to an obligation that you agreed to retain as part of the sale. The purchase agreement can exclude those obligations from the transaction, leaving you responsible for them after closing.
Some contracts may need to be replaced
When you cannot transfer an agreement, you may need a new contract between the buyer and the other party. For example, if a key vendor's agreement prohibits assignment without consent and they decline to approve the transfer, the buyer may need to negotiate a new contract. The same situation could arise with a customer whose contract cannot transfer to the new owner.
Know what happens before the sale closes
Before closing, review the agreements that support your business and determine which ones will transfer, require consent, remain with you or need replacement. Discussing these terms with your attorney can help you address potential problems as part of the sale rather than discovering them after the transaction closes.]]>On Behalf of Asterita & Associates, LLC<![CDATA[What happens to joint bank accounts when one owner dies?]]>https://www.bonfiglioasteritalaw.com/?p=531982026-08-27T18:20:41Z2026-08-27T18:20:41ZHow survivorship rights work
Banks often set up some joint accounts with a right of survivorship. When that feature applies, the surviving owner may become the sole account holder after the other owner dies. In New York, a joint account set up with survivorship rights may transfer to the surviving owner. Banks may still require a death certificate or other documentation before updating the account records.
Funds in a joint account with survivorship rights often pass outside probate, though the outcome depends on the specific account terms and applicable New York law. Disputes can still arise if there is evidence that the account was set up differently than expected.
When problems can arise
Not every joint account works the same way. Some accounts may be set up so each owner’s share passes through the owner’s estate rather than to the surviving account holder. Depending on the account structure and applicable law, creditors may have a claim to some or all of the deceased owner’s share. Tax consequences may also depend on the size of the estate. New York has its own estate tax that may apply independently of federal estate tax, depending on the value of the taxable estate. An estate planning attorney can provide guidance specific to the estate's situation.
Why reviewing account records matters
Clear account records can make it easier to avoid disputes after a death. An attorney can review the account paperwork and explain how the funds may transfer. If you are unsure how you titled a joint account, review the account documents before a problem arises.
]]>On Behalf of Asterita & Associates, LLC<![CDATA[Incapacity planning for unmarried New York couples]]>https://www.bonfiglioasteritalaw.com/?p=530972026-09-28T01:05:58Z2026-07-20T16:44:37ZCore medical protections
To protect your partner and ensure your wishes are followed, you could proactively execute specific legal documents, such as:
Health-care proxy: This lets you designate your partner as your healthcare agent to make medical decisions if you cannot speak for yourself
Living will: This outlines your specific preferences for end-of-life care, such as life support ventilators and feeding tubes
Hospital visitation directive: This states that your partner has priority visitation rights equivalent to an immediate family member
Health Insurance Portability and Accountability Act (HIPAA) authorization: This grants the doctors permission to share your medical updates, diagnosis and treatment plans with your partner
Without these documents in place, your partner could be left completely helpless in a time of crisis. Without a signed proxy or power of attorney, a court might need to appoint a guardian and that process can be slow, uncertain and costly. There is no guarantee the court will select your partner.
A durable power of attorney (POA) could also grant you the legal right to manage your partner’s finances, pay rent and handle taxes during a crisis. For unmarried couples, an immediately effective POA is preferred to avoid bureaucratic delays.
Don’t leave your partner’s rights to chance
Estate planning for unmarried couples is an act of mutual protection. Protect the person you love and yourself by putting the right legal shields in place. An experienced estate planning attorney could help you understand which documents apply to your situation and how to avoid relying on a court to sort things out.]]>On Behalf of Asterita & Associates, LLC<![CDATA[3 essentials before buying a restaurant in New York]]>https://www.bonfiglioasteritalaw.com/?p=530952026-07-08T15:30:54Z2026-07-08T15:30:54ZThe restaurant industry in New York is a behemoth. According to the National Restaurant Association’s 2026 factsheet, New York’s restaurant and food services sales reached $98.4 billion from the previous financial year. This is a promising sign for people who are looking to invest in this industry. If you are also headed in that direction, here are some things you need to know.
1. Check the records
If you are buying a restaurant or any other business for that matter, you have to read through their financial records. Check their profit and loss statements, debts and other liabilities. Furthermore, you should also take a look at the staff size, supply chain relationships and other necessary details to get an estimate of operation costs.
2. Permits and compliance
Restaurants are a type of business that come with many health and safety concerns. That is why there are several local, state and federal regulations in place. If you are acquiring a restaurant, you have to make sure that all the permits and certifications are still valid. In case your restaurant serves alcohol, check if the liquor license can be transferred. Finally, you have to verify the zoning compliance, which regulates the building size, neighborhood density and business use.
3. Securing finance
Buying a restaurant in New York is a big deal. You should have complete awareness about your financial situation and an understanding of future business implications on your finances. You should consider the upfront cost for setting up the restaurant, operating costs and interest if you are going to take a loan.
Reviewing certification and lease
Now comes the most important part: reviewing the lease terms and conditions. Make sure to peruse the entire document to ensure you are not put in a disadvantageous position anywhere. Furthermore, you have to secure a purchase agreement, bill of sale, Certification of Occupancy (CO) and many other documents. To ensure that you don’t miss any crucial details, it is advised to consult an attorney experienced in business services.
]]>