News

Governor Cuomo Announces New Regulations Protecting Transgender New Yorkers from Discrimination

Wednesday, January 27, 2016

On January 20, 2016, Governor Cuomo announced that the New York State Division of Human Rights adopted new regulations that ban discrimination and harassment against transgender people. Read More

EEOC Publishes Guidance for Employers on the Rights of Applicants and Employees with HIV Infection

Wednesday, December 9, 2015

In early December 2015, the U.S. Equal Employment Opportunity Commission published, “Living with HIV Infection: Your Legal Rights in the Workplace Under the ADA,” available at http://www.eeoc.gov/eeoc/publications/hiv_individual.cfm, which explains, among other things, how employers may be able to provide reasonable accommodations in the workplace and how to avoid workplace discrimination for individuals with HIV infection. Read More

Governor Cuomo Continues to Focus on Worker Abuse in New York State

Wednesday, October 21, 2015

As part of a continuing effort to curb worker abuse in New York State, Governor Andrew Cuomo announced on October 14, 2015 that anti-retaliation and mediation units will be created within the State Labor Department to support the Task Force to Combat Worker Exploitation, a recently assembled multi-agency task force investigating alleged wage theft, child labor and other unlawful workplace practices by employers in New York State. According to the Governor, the Task Force has already opened 30 joint-agency enforcement cases across the state. Read More

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