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Barry Eran Janay

Barry Eran Janay

The Best Law Firm on Planet Earth
  • Collections, Communications & Internet Law, Employment Law...
  • New York
Claimed Lawyer ProfileQ&ALII GoldSocial Media

Barry Janay, Esq. represents emerging businesses in matters relating to commercial litigation, intellectual property infringement matters and other intellectual property litigation (including misappropriation of confidential and trade secret information), employment and labor law, collections, defamation, privacy and media law litigation matters. Barry serves as counsel for clients in industries ranging from publishing, software, retailers, and consumer products to online businesses.

Practice Areas
  • Collections
  • Communications & Internet Law
  • Employment Law
  • Estate Planning
  • Gov & Administrative Law
  • Insurance Claims
  • Insurance Defense
  • Intellectual Property
  • International Law
  • Juvenile Law
  • Landlord Tenant
  • Medical Malpractice
  • Personal Injury
  • Probate
  • Products Liability
  • Real Estate Law
  • Securities Law
  • Social Security Disability/SSI
  • Tax Law
  • Construction Law
  • Trademarks
  • Traffic Tickets
  • Consumer Law
  • White Collar Crime
  • Workers' Compensation
  • Arbitration & Mediation
  • Education Law
  • Broker Fraud
  • Appeals & Appellate
  • Business Law
  • Civil Rights
  • Elder Law
Additional Practice Area
  • Aviation Law
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
New York
2nd Circuit
  • Chinese: Spoken, Written
  • English: Spoken, Written
  • Hebrew: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Chief Legal Officer
BT Systems, LLC
- Current
Exalted Leader
The Law Office of Barry E. Janay, P.C.
- Current
Senior Counsel
Rick, Steiner, Fell & Benowitz, LLP
Golden Gate University
MBA / Business Law / Finance / Economics / Management (2003)
Golden Gate University School of Law
J.D. (2003)
Rollins College
B.A. / Political Science / Communications (2000)
Activities: Pre-law Society
Client Choice Award
Professional Associations
Association of the Bar of the City of New York
New York County Lawyers Association
Morris Aero Club
Brotherhood of Protective Order of Elks - Summit, NJ
New York State Bar # 4264800
- Current
Websites & Blogs
The Law Office of Barry E. Janay, P.C. Website
Legal Answers
345 Questions Answered

Q. Friend renting from me (no lease) will not leave. Can I take away his cable box (that I pay for) & change the Wifi PW?
A: Yes. Get ready for a fight.
Q. Looking for the law that states when a petitioner fails to appear that the judge must dismiss the case
A: It's called "dismissal for want of prosecution" under the Civil Practice Law and Rules (Supreme Court) that is Section 3216. Article 8 of the Family Court Act allows this as well.
Q. My parents are deceased, they had land in Tusten County, NY. No will. How can I transfer the DEED?
A: Apply to the Probate court for Letters of Administration, once you are appointed as the Administrator they will issue letters of administration and you can transfer the property and execute the deed.
Q. My farthers long time girlfriend (over 40y) passed away. How can I find out if she left me anything from her family?
A: File a petition in Probate court.
Q. I called the college at Brockport 2 months ago and asked them if my fiancé could be exempt from having to live on campus
A: Do you have anything in writing from them saying that they would allow it?
Q. I received a ticket for not signaling off highway which I did. The ticket Saids my car is tan when my car is gray
A: You're in some deep Doo Doo.
Q. Can senior homecare company in NY hire independent contractors to work in client homes? Isn't this illegal in NY?
A: NY has enacted something called the Domestic Workers’ Bill of Rights, among other provisions, this law gives domestic workers: The right to overtime pay at time-and-a-half after 40 hours of work in a week, or 44 hours for workers who live in their employer’s home; A day of rest (24 hours) every seven days, or overtime pay if they agree to work on that day; Three paid days of rest each year after one year of work for the same employer; and Protection under New York State Human Rights Law, and the creation of a special cause of action for domestic workers who suffer sexual or racial harassment. Here is what the NYS Department of Labor says about the distinction between Independent Contractors and Employees: Independent Contractors It is vital that you understand the distinction between independent contractors and employees. This affects you and your business. You may genuinely believe that you have hired people to perform services for you as independent contractors. You may discover that by law they are considered employees and that you are liable for unemployment insurance contributions and interest. Whether the relationship is one of employer-employee will depend on several factors. These include how much supervision, direction and control you have over the services. The Employer-Employee Relationship The courts have found that no single factor or group of factors conclusively define an employer-employee relationship. Rather, all factors are reviewed to determine the degree of supervision, direction and control exercised over the services. Generally, an employer controls what will be done, i.e. the manner, means, and results. An employer-employee relationship may exist if you: Choose when, where, and how they perform services Provide facilities, equipment, tools and supplies Directly supervise the services Set the hours of work Require exclusive services (An individual cannot work for your competitors while working for you.) Set the rate of pay Require attendance at meetings and/or training sessions Ask for oral or written reports Reserve the right to review and approve the work product Evaluate job performance Require prior permission for absences Have the right to hire and fire How an individual is compensated is another indicator of worker status. Employees typically are paid a salary, an hourly rate of pay or a draw against future commissions with no requirement for repayment of unearned commissions. Employees may also receive certain fringe benefits, including an allowance or reimbursement for business or travel expenses. The nature of the services performed is also key to deciding if a worker is an employee or an independent contractor. Unskilled or casual workers are usually employees because their labor is often supervised. However, even professionals such as doctors and lawyers, who have much freedom to perform their duties, may be employees if they are subject to significant control. The courts have also found that workers may be employees and that an employment relationship may exist if the employer controls important aspects of the services performed, other than results and means. For example, a referral agency usually does not directly supervise the individuals it refers for assignments. It could be their employer, however, if it controls such important aspects of the services as: Client contact Billing and collection from clients The individual's wages
Q. If your company registered as a LLC can you receive a local grant using another organizations 501c3 for fiscal sponsor?
A: No. That rings of tax fraud.
Q. if a company has a legal trademark name , am i aloud to include this name as a word in the description of my product ?
A: Not if it would be confusing to the consumer and make them think that you were claiming ownership of their trademark or that you were the source of their goods. I'd need to know the actual names and proposed names to give you clearer advice on this, if you want to email me privately please do so that way whatever we discuss will be confidential and subject to the attorney-client privilege.
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New York, NY 10007
Cell: (917) 756-8501
Fax: (855) 374-2884
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Tarrytown, NY 10591
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Jersey City, NJ 07302
Cell: (917) 756-8501
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Montclair, NJ 07042
Cell: (917) 756-8501
Fax: (855) 374-2884
Jersey City
30 Montgomery St.
8th Floor
Jersey City, NJ 07302
Toll-Free: (917) 756-8501
Telephone: (917) 756-8501
Cell: (917) 756-8501
Fax: (855) 374-2884