NYS Expands General Contractors’ Liability for Subcontractors’ Failure to Comply with Wage & Hour Laws
New York State continues to expand wage-theft protections for workers in the construction industry — and the potential scope of liability for employers in that industry. Last month, Governor Hochul signed legislation creating a new Section 198-e of the New York Labor Law. Under that […]
Read MoreNYS DIVISION OF HUMAN RIGHTS SAYS NO MORE PRIVATE SETTLEMENTS
For complaints filed on or after October 12, 2021, the New York State Division of Human Rights (“NYS DHR” or the “Division”) will no longer issue Commissioner’s Orders discontinuing complaints after private settlements. This is a significant change to the NYS DHR’s long-standing practice of […]
Read MoreNYS DOL Issues Guidance Concerning Adult-Use Cannabis and the Workplace
On October 8, 2021, the New York State Department of Labor (NYS DOL) published guidance relating to adult-use cannabis and the workplace under the Marijuana Regulation & Taxation Act (MRTA). The MRTA, which was enacted on March 31, 2021, legalizes and regulates the use, production, […]
Read MoreDESIGNATION OF COVID-19 UNDER NYS HERO ACT EXTENDED THROUGH OCTOBER 31, 2021
The New York State Department of Health (“NYS DOH”) has extended its designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” through October 31, 2021. Accordingly, employers must continue to implement their NYS HERO […]
Read MoreNYC Extends Anti-Discrimination Protections To Domestic Workers
Now that the school year is underway, it’s time for New Yorkers who employ nannies, housekeepers, or other domestic workers to make sure that they are in compliance with Int. No. 339-B, New York City’s new legislation that extends the employment protections of Title 8 […]
Read MoreEmployers Must Adopt and Distribute Airborne Infectious Disease Exposure Prevention Plans
Under the New York Health and Essential Rights Act (“HERO Act”), employers must now adopt and distribute – but not implement – workplace plans to protect employees during a future airborne infectious disease outbreak. Last week, the New York State Department of Labor (“DOL”), in […]
Read MoreNYS Issues Guidance on Sick Leave for COVID-19 Vaccine Side Effects
In late May, the New York State Department of Labor (“DOL”) issued its Guidance on Use of Paid Sick Leave for COVID-19 Vaccine Recovery Time (ny.gov). The Guidance states that employees may use their accrued sick leave under the New York State (“NYS”) sick leave […]
Read MoreNo Indemnification from Third Parties for NYS Employers: Robinson v. Great Performances/Artists as Waitresses, Inc.
A New York State (“NYS”) appellate court ruled on May 4, 2021, that NYS employers are not entitled to indemnification or contribution, whether contractual or otherwise, from a third party for claims brought under the New York Labor Law (“NYLL”). The appellate court held that […]
Read MoreCOBRA Premiums Subsidized Under the American Rescue Plan Act of 2021: Notice to Eligible Individuals Due May 31, 2021
The American Rescue Plan Act of 2021 (“ARP”) provides certain individuals with subsidized COBRA continuation coverage for up to six (6) months between April 1 and September 30, 2021 (the “Premium Assistance Period”). Under ARP, the employer or plan administrator fully subsidizes the cost of […]
Read MoreNYS Law Requires Employers to Adopt Workplace Safety Plans to Prevent Spread of Airborne Infectious Diseases
On May 5, 2021, Governor Cuomo signed into law the New York Health and Essential Rights Act (the “NY HERO Act” or the “Act”), which is intended to prevent workplace exposure to airborne infectious diseases such as COVID-19. The Governor also announced that the New […]
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Paid Time Off for NYS Employees for COVID-19 Vaccination
UPDATE: Governor Cuomo signed the Bill on March 12, 2021. The Bill took effect immediately upon the Governor’s signature. The New York State (“NYS”) Legislature passed a bill (“Bill”) that would allow employees of public and private employers to take paid time off to receive […]
Read MoreNYC Final Rule Prohibits Hair Discrimination Based on Race or Religion
The final rule (“Final Rule”) of the New York City Commission on Human Rights (the “Commission”) prohibiting hair discrimination based on race or religion went into effect on January 30, 2021. The Final Rule expands on the legal guidance issued two years ago by the […]
Read MoreOSHA Issues Guidance on Protecting Workers From COVID-19
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued guidance entitled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” (“Guidance”). The Guidance does not create any new obligations for employers. Rather, it provides recommendations, advice and […]
Read MoreWatch Out for Retaliation!
On February 26, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) released details regarding workplace discrimination charges filed with the EEOC in Fiscal Year (“FY”) 2020, which ended on September 30, 2020. Of the 67,448 charges of workplace discrimination the agency received in FY 2020, […]
Read MoreNYS DOL Expands Eligibility for Partial Unemployment Benefits
As of January 18, 2021, the New York State Department of Labor (“NYS DOL”) changed its rules on eligibility for partial unemployment benefits. The NYS DOL now counts hours, not days, worked per week. Workers may be eligible for partial unemployment benefits for weeks in […]
Read MoreUS DOL Expands Eligibility for Pandemic Unemployment Assistance
On February 25, 2021, the U.S. Department of Labor (“DOL”) added three COVID-19 related reasons for which workers may be eligible for Pandemic Unemployment Assistance (“PUA”). The three new categories of workers eligible for PUA are: Workers who received unemployment benefits but whose continued claims […]
Read MoreEmployers Must Initiate Interactive Process for Employees with Disabilities
Three recent cases remind employers that they are obligated to initiate the interactive process to determine reasonable accommodations for job applicants and employees with disabilities. Saint Clare’s Health hired Taylor McKay as an EMS dispatcher. Five days before her scheduled start date, McKay was hospitalized […]
Read MoreReligious Teachers and the Ministerial Exception According to the US DOL
The Department of Labor (“DOL”), in its opinion letter FLSA2021-2, recently concluded that private religious school teachers may be exempt from the wage and hour requirements of the Fair Labor Standards Act (“FLSA”) if such teachers qualify as “ministers.” Last summer, in Our Lady of […]
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EEOC Addresses COVID-19 Vaccination
Numerous healthcare workers have been injected with the COVID-19 vaccine and it is only a matter of time until the vaccine becomes available to all eligible workers throughout the country. In light of this, on December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) answered […]
Read MoreFederal COVID-19 Leave Law Ended but NYS and NJ Laws Mandate COVID-19 Leave
As of January 1, 2021, employers are no longer required by federal law to provide paid sick leave to employees for reasons related to COVID-19. The federal Families First Coronavirus Response Act (FFCRA), which mandated such leaves, expired as of December 31, 2020, and was […]
Read More3 Tips for Handling Remote Worker Reimbursement Claims
Chaim Book was quoted in a Law360 article published today, titled “3 Tips for Handling Remote Worker Reimbursement Claims” and authored by Mike LaSusa.
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End of 2020 Reminders for NYS and NJ Employers
As this unusual year nears its end, New York (NYS) and New Jersey (NJ) employers must be mindful of several changes to employment laws that will go into effect as of 2021. New York Paid Family Leave (PFL): Starting on January 1, 2021, the amount […]
Read MoreDOL Issues Opinion Letters on Employee Compensation for Voluntary Training Attendance and Work-Related Travel Time
Does an employer have to pay employees for attending training courses or lectures? Does an employer have to pay employees for time spent traveling to work or job sites? The U.S. Department of Labor (“DOL”) recently answered these questions in some detail. The DOL issued […]
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NYS Paid Sick Leave Law FAQs Published
On October 20, 2020, the NYS Department of Labor (“DOL”) released Frequently Asked Questions (FAQs) concerning the NYS Sick Leave Law (“NYSSL”) that went into effect on September 30, 2020. The FAQs are a helpful first step in allowing employers and employees to navigate and […]
Read MoreAmended NYC Earned Safe and Sick Leave Act Effective September 30, 2020
The New York City Earned Sick and Safe Time Act (ESSTA) was amended by Senate Bill S7506B. Some of the amendments essentially mirror the new New York State Sick Leave law (NYSSL). The amendments were signed into law on September 28, 2020 and took effect […]
Read MoreNew York State’s Paid Sick Leave Law Effective September 30, 2020
New York State’s new sick leave law (NYSSLL) goes into effect tomorrow, September 30, 2020. Employers must allow employees to start accruing sick leave tomorrow or must advance the total required amount of sick leave as of January 1, 2021. Employees may begin to use […]
Read MoreAdditional EEOC Guidance on COVID-19’s Impact on Workplace Discrimination Laws
On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its technical assistance document, which includes Q&As on COVID-19 and its impact on federal discrimination laws such as the Americans with Disabilities Act (“ADA”). The EEOC added 18 Q&As in this document by incorporating […]
Read MoreDOL Revises its FFCRA Regulations After Court Ruling
Last month, a New York federal court (the “Court”) struck down parts of the U.S. Department of Labor’s (“DOL”) regulations (“Rule”) on the Families First Coronavirus Response Act (“FFCRA”). In response, the DOL revised portions of its Rule on September 11, 2020. The DOL stated […]
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NYS Federal District Court Invalidates DOL’s New Joint Employment Standard
On September 8, 2020, a New York federal district judge ruled that the U.S. Department of Labor’s (“DOL”) newly created standard for joint employer liability was illegal. At the beginning of this year, the DOL issued a new rule (“Final Rule”) for determining joint employment, […]
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Another Pandemic Peril: Remote Learning and the Misclassification of Independent Contractors
Schools in New York and New Jersey will be reopening this week or within the next few weeks for the fall semester, whether providing in-school instruction, only remote instruction, or a hybrid of remote and in-school instruction. Working parents who choose the all-remote or hybrid […]
Read MoreNY Federal Court Strikes Down Portions of DOL’s Regulations On FFCRA
On August 3, 2020, a New York federal court (“Court”) vacated portions of the U.S. Department of Labor’s (“DOL”) regulations (“Final Rule”) with respect to the Families First Coronavirus Response Act (“FFCRA”). The State of New York, which brought the lawsuit, argued that the Final […]
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Providing Clear Masks for Workers to Prevent Disability Discrimination Lawsuits
Making sure your employees are geared up with masks at work may not be enough. This is the message that employers should take away from the proposed class action that a store customer brought against Nike in California state court, on behalf of herself and […]
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The DOL Weighs in on the Outside Sales Employee Exemption in Latest Opinion Letters
On June 25, 2020, the U.S. Department of Labor (“DOL”) released opinion letters regarding exempt employees under the federal Fair Labor Standards Act (“FLSA”). Two of the letters specifically address the outside sales employee exemption. The FLSA provisions on minimum wage and overtime laws are […]
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Supreme Court Allows Religious Schools to Hire and Fire Certain Teachers Without Adherence to Anti-Discrimination Laws
In a 7-2 decision, the U.S. Supreme Court held that anti-discrimination laws do not apply to the employment relationship between religious schools and teachers whose job responsibilities include religious instruction and training. The decision consolidates two cases, Our Lady of Guadalupe School v. Morrissey-Berru and […]
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Voluntary Travel to High-Risk States by NYS Employees Takes Away Their COVID-19 State Sick Leave Benefits
New York employees who voluntarily travel to certain high-risk states after June 25, 2020 will be ineligible for emergency paid sick leave offered under NYS law. This will not affect the leave benefits provided under the federal Families First Coronavirus Response Act (FFCRA), which employees […]
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Work-Related Expenses While Teleworking During the COVID-19 Pandemic
Although most states have fully or almost reopened, some businesses, such as Twitter and Salesforce, have implemented indefinite remote-working policies. Many other businesses will likely follow suit to some extent. As teleworking becomes the norm for many, the question of whether employers must reimburse employees […]
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FFCRA Leave Permitted for Employees Whose Child’s Summer Plans Are Canceled Due to COVID-19
The federal Families First Coronavirus Response Act (“FFCRA”) provides emergency family leave and sick leave for employees who are unable to work or telework while caring for children whose school or place of care is closed or childcare provider is unavailable due to COVID-19. Now […]
Read MoreThe Shenkman Private Client Group of Oppenheimer & Co. Inc. Accountant/Attorney “Summer Webinar Series.”
This morning, Chaim Book was the featured speaker on the Shenkman Private Client Group of Oppenheimer & Co. Inc. Accountant/Attorney “Summer Webinar Series.” Chaim addressed many topics regarding workplace law in the post-COVID-19 pandemic world including: How to prepare for re-opening offices. The legal challenges […]
Read MoreRevised PPP Loan Forgiveness Application and Guidance
The Paycheck Protection Program (PPP) Loan Forgiveness Application issued by the Small Business Administration (SBA) has been updated as of June 16, 2020. Borrowers can access the revised loan forgiveness application HERE. Further, on June 22, 2020, the SBA released new Interim Final Rules on […]
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S8275A & S8181A Signed: NYS Bills Regarding Unemployment Benefits and Disaster Emergency Loans
Governor Cuomo recently signed into law two bills that arose from the COVID-19 pandemic, affecting businesses and individuals: S8181A and S8275A. Through Executive Order 202.31, Governor Cuomo temporarily suspended forfeiture of unemployment benefits that was imposed on claims based on previous false statements or representations. S8275A, which […]
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Supreme Court Rules in Favor of LGBTQ Workplace Rights
In a landmark decision, the Supreme Court of the United States (“Supreme Court”) ruled on June 15, 2020 by a 6-3 vote that employers who discriminate against their employees on the basis of their sexual orientation or transgender status are in violation of Title VII […]
Read MoreWhy I Prefer Mediation and Hot Topics in Employment Law
Please listen to the below recording of Chaim Book’s interview with Professor Elliot Lasson of the University of Maryland Baltimore County where Chaim discusses how he got into employment law; workplace issues that arise relating to accommodation; why he prefers mediation and what are the […]
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New York and New Jersey Prepare for Phase 2 of Reopening Their Economies
New York. In New York State, all regions except for the five boroughs of New York City have already started reopening as part of Phase 1 of Governor Cuomo’s New York Forward initiative. Governor Cuomo announced that New York City can expect to enter Phase […]
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U.S. Department of Labor Finalizes Rule on Fluctuating Workweek Pay Method
On May 20, 2020, the U.S. Department of Labor (“DOL”) announced its final rule on fluctuating workweek pay, which revises the DOL’s proposed regulation on the method of pay to employees working fluctuating hours week by week. The DOL’s final rule states that if employers […]
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OSHA’s Updated Guidance on COVID-19 Recordkeeping Obligations
The Occupational Safety and Health Administration (OSHA) requires employers to keep their workplaces safe and healthy for their employees. As part of their obligations to keep the workplace safe and healthy, employers must record and, in some cases report, injuries and illnesses. Under OSHA guidelines, […]
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Nassau County Judge Upholds Constitutionality of the Child Victims Act
On May 13, 2020, a judge in Nassau County Supreme Court upheld the constitutionality of the Child Victims Act (“CVA”) in 44 consolidated cases brought against the Archdiocese of Rockville Centre. The Archdiocese had moved to dismiss the cases on the grounds that the recently-passed […]
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Part II: Issues to Consider for Returning to Work Post-COVID-19
In this blog post, we continue to address some common questions about returning to the worksite and protecting employees from COVID-19. What are employers’ obligations to keep employees in the workplace safe from COVID-19? Businesses and employers should follow the guidelines published by the […]
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Part I: Issues to Consider for Returning to Work Post-COVID-19
As the COVID-19 curve flattens and businesses across NYS and NJ are permitted to reopen, employers and employees have questions. In this blog post and the next, we address some common questions about returning to the worksite and protecting employees from COVID-19. Can I require […]
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Employers Can Take Body Temperatures of Employees and Must Provide Face Coverings for Employees
As some employees start to trickle back into their workplaces, employers might consider taking body temperatures of their employees to check for any high fevers. Under normal circumstances, taking body temperatures of employees would be considered a medical exam that would be subject to the […]
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Additional Guidance from SBA and Treasury on PPP Loan Forgiveness
As of May 3, 2020, further guidance from the Small Business Administration (SBA), in consultation with the Department of the Treasury (Treasury) provided that employers who borrowed loans through the Paycheck Protection Program (PPP) will still be eligible for loan forgiveness if a previously laid-off […]
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