News

NPELRA Publishes Update Regarding Proposed Overtime Protection

Tuesday, June 30, 2015

The National Public Employer Labor Relations Association (NPELRA) recently published a Legislative Update for its members titled “President Obama Proposes Overtime Protections to Nearly 5 Million Workers”. Read More

Justice Department Issues “ADA Update: A Primer for State and Local Governments”

Wednesday, June 24, 2015

The United States Department of Justice (DOJ) has recently issued an update that provides general guidance to assist State and local governments in understanding and complying with the requirements of the Americans with Disabilities Act (ADA). Read More

New Family and Medical Leave Act Forms

Friday, May 29, 2015

The U.S. Department of Labor has issued updated model Family and Medical Leave Act (FMLA) notices and medical certification forms for employers. These updated forms are available for immediate use and expire on May 31, 2018. Read More

Recent Decision Impacting Employer Reimbursement for Advance or Continued Compensation

Thursday, April 9, 2015

Please be advised that certain reimbursements for advance or continued wage payments made by employers to employee-claimants are subject to a recent change under New York’s Workers’ Compensation Law. Read More

The United States Department of Labor Issues Final Rule Revising the Definition of “Spouse” Under the FMLA

Friday, February 27, 2015

On February 23, 2015, the United States Department of Labor (USDOL) issued a Final Rule revising the definition of “spouse” under the Family and Medical Leave Act (FMLA) in light of the United States Supreme Court’s decision in United States v. Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. Read More

New NY State Law Requires Employers to Grant Leaves of Absence for Volunteer Emergency Responders

Monday, December 22, 2014

Private and public sector employers in New York State will be required under most circumstances to grant unpaid leaves of absence to employees who are emergency responders under a new state law (S. 7111) that takes effect December 22, 2014. Read More

Court Upholds Random Drug Test of County Correction Officer Which Led to Officer’s Termination

Friday, October 24, 2014

On October 9, 2014, the United States Court of Appeals for the Second Circuit issued a non-precedential summary order in Allen v. Sullivan County Sheriff sustaining the district court’s judgment below which held after a bench trial that defendants County of Sullivan, New York and the Sullivan County Sheriff did not violate the plaintiff correction officer’s right to be free from unreasonable searches and seizures under the Fourth Amendment to the United States Constitution by subjecting her to a random drug test which eventually led to a termination of her employment with the Sullivan County Jail. Read More

What Can an Employer Do When Confronted With A False EEOC Discrimination Charge?

Tuesday, October 7, 2014

It is not unusual for an employer to conclude that a discrimination charge filed by an employee with the federal Equal Employment Opportunity Commission (EEOC) is false. Does the employer have a right to terminate or otherwise discipline the employee for filing a false claim? Are there potential pitfalls if the employer decides to conduct its own investigation into the charge but stops short of taking disciplinary action? The July 23, 2014 decision of the U.S. Court of Appeals for the Second Circuit in Cox v. Onondaga County Sheriff’s Department, Docket No. 12-1526-CV, supplies some valuable insights into how New York State employers may be able to reduce the risk of a subsequent retaliation claim when they react to a false EEOC charge. Read More

Governor Cuomo Signs Bill Extending Discrimination Protections to Unpaid Interns

Monday, August 4, 2014

On July 22, 2014, New York Governor Andrew Cuomo signed legislation that provides unpaid interns with the same protections as paid employees under the New York State Human Rights Law. Under the new law, which is effective immediately, interns may not be discriminated against with respect to hiring, discharge, or terms or conditions of employment based on their age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status or domestic violence victim status. The new law also prohibits sexual harassment, and prohibits employers from retaliating against interns for opposing prohibited practices or for filing a complaint, testifying or assisting in a proceeding brought under the New York State Human Rights Law. Read More

U.S. Supreme Court Holds that Non-Union “Quasi” Public Employees May Not Be Forced to Pay Agency Fees to Union

Tuesday, July 29, 2014

On June 30, 2014, the United States Supreme Court rendered a 5-4 decision holding that the agency-fee provision of the Illinois Public Labor Relations Act (PLRA) violated the First Amendment. Harris v. Quinn, No. 11-681, 2014 WL 2921708 (June 30, 2014). Read More