HR Alert: Double the Trouble, Double the Fun?
A Presidential Memorandum issued August 8th directed the Secretary of the Treasury to use his authority to defer the withholding, deposit, and payment of the employee's share of Social Security tax for employees generally earning less than $4,000 in gross wages during...
HR Alert: COVID-19 Changes to Federal Law
As we've written about before, the federal government's worker-friendly legislative answer to the coronavirus was to pass the Families First Coronavirus Response Act (FFCRA) which became effective April 1, 2020. On Friday, September 11, 2020, the Department of Labor...
HR Alert: New Public Employer Obligation in New York
On September 7, 2020, New York Governor Andrew Cuomo signed legislation which requires public employers to create an operation plan in order to protect employees in the event another communicable disease-related public health emergency arises. What must the...
Statute of Limitations for Sexual Harassment Cases Extended in the NY Division of Human Rights
About a year ago, New York Governor Andrew Cuomo signed into law several updates to the New York Human Rights Law to strengthen protections against discrimination and harassment. For example: The standard to establish a claim of harassment was reduced from having to...
Ensuring Voting Rights in New York State
Last week, Governor Cuomo signed into law three measures intended to ensure that all voters have the opportunity to cast their ballot. Calling it "sweeping reform," his office touted the measures as great progress, including permitting absentee ballots due to COVID-19...
HR Alert: Department of Labor Announces New FMLA Forms
The United States Department of Labor (DOL) has released new forms for employers and employees to use when an employee requests Family and Medical Leave (FMLA). They’re free to access on the DOL’s website. The new forms are meant to be easier for everyone involved to...
HR Alert: NLRB Eases Standard For Employee Discipline Related To Profane Outbursts
On July 21, 2020, the National Labor Relations Board (commonly referred to as the NLRB) eased the standard for judging whether an employer can discipline an employee for abusive or offensive language used during the course of a protected activity. The NLRB enforces...
HR Alert: Workers’ Compensation Benefits & COVID-19
Can an employee receive workers’ compensation benefits if she contracts COVID-19? Maybe. The answer to this question depends on the circumstances and is decided on a case-by-case basis. Here’s what New York employers need to know: Can an employee who tests positive...
HR Alert: How does NY’s Travel Advisory Affect Employee Vacations and Trips?
By now you have heard that New York State instituted a 14-day quarantine for those people traveling in from COVID-affected areas (currently, Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Washington, Utah, Texas -- but subject to change based on...
Face Coverings: What You Need To Know
Western New York is starting to un-PAUSE. You can feel the excitement in the air! Un-PAUSE-ing may feel incredibly exciting after these months on PAUSE, but there are still safety protocols that we need to follow to help stop the spread of coronavirus. This includes...
Supreme Court Ruling Confirms Federal Protections for LGBTQ Employees During Pride Month
The United States Supreme Court decided Bostock v. Clayton County this morning, affirming the rights of LGBTQ workers under Title VII, protecting them from workplace discrimination. The decision in favor of LGBTQ workers was decided 6-3 and written by Justice Neil...
HR Alert: Commission Sales & Overtime in A Retail Establishment
Employers in the retail space long have struggled to determine whether their business is considered a “retail or service” establishment according to the U.S. Department of Labor’s Wage and Hour Division. This important distinction determines whether the company...
Western New York Welcomes Phase 1
Governor Cuomo has confirmed that the Western New York region is set to begin re-opening effective May 19, 2020. This begins Phase One of the COVID-19 re-opening process. These industries are entitled to re-open so long as they demonstrate a plan to protect employees...
HR Alert: The EEOC Provides Guidance on the Intersection between COVID-19 and EEO Laws
As workplaces plan to re-open, employers should heed new COVID-19 related guidance from the Equal Employment Opportunity Commission (EEOC). As the guidance makes clear, responding to COVID-19 is ripe with potential to run afoul of State and federal discrimination...
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