NY’s New Permanent Paid Sick Leave Now in Effect

This article highlights some of the main points and impact of the recently enacted New York State Sick Leave Law (NYSSL). Even though it went into effect officially on 9/30/20, employees can use any of its protections until 1/1/21. Let’s do a Top Fifteen Items to Know (with subparts so, like, really its a top… Continue reading NY’s New Permanent Paid Sick Leave Now in Effect

Payroll Tax Order Causes More Problems Than It Solves

This past Saturday, from the golf course, President Trump signed an executive order touted as a relief to employees from payroll tax. The order relieves employers from collecting the employees’ share of payroll tax. But issued without any guidance from the Treasury Department or the IRS, it raises many more issues than it purports to… Continue reading Payroll Tax Order Causes More Problems Than It Solves

Covid-19 Leave:Quick Update

So many of my employment law clients are calling and emailing me questions about their operations and responsibilities during this crisis, I thought I would just put this up for quick access . Disclaimer: This answers only the basics of many questions received regarding amounts of benefits for which employees are eligible to receive under… Continue reading Covid-19 Leave:Quick Update

If Coronavirus Causes Mass Layoffs: NYS and Fed Law May Require Warnings be Issued

 If your company is covered by the Worker Adjustment and Retraining Notification (WARN) Act, (Federally, you have more than 100 employees, NY you have more than 50 employees) you may have to take certain steps to warn your employees about potential coronavirus-induced layoffs. The federal WARN Act imposes a notice obligation on covered employers (those with… Continue reading If Coronavirus Causes Mass Layoffs: NYS and Fed Law May Require Warnings be Issued

Caveat Employers: New Laws Going into Effect in 2020 Affect Every Employer

A host of new employment obligations ranging from sexual harassment prevention training to stricter data breach notification requirements will go into effect in early 2020 and will be a shock to some employers who were previously exempt. Mandatory Sexual Harassment Prevention Training NYS Human Rights Law Made to Apply to ALL Employers One of the… Continue reading Caveat Employers: New Laws Going into Effect in 2020 Affect Every Employer

200 Filipino Nurses Win Human Trafficking Lawsuit Against SentosaCare and its Owners

In a case that is a companion case to my Federal civil rights case, Anilao v. Spota, Judge Nina Gershon, a United States District Court Judge for the Eastern District of NY has issued a 48 page decision, ruling that the owners of the Sentosa group of nursing homes violated the US anti-human-trafficking laws by using… Continue reading 200 Filipino Nurses Win Human Trafficking Lawsuit Against SentosaCare and its Owners

Big Boost to Employers: 5-4 SCOTUS Upholds Arbitration Clauses in Employment Agreements

Associate Justice Neil M. Gorsuch; photograph by Franz Jantzen, 2017.

Giving employers a significant win, a sharply divided Supreme Court upheld the right of employers to include arbitration clauses in their employment agreements that seriously curtail employees’ ability to file class actions and pursue court claims for wage and hour violations. The case was closely watched by advocates on both sides of the issue as… Continue reading Big Boost to Employers: 5-4 SCOTUS Upholds Arbitration Clauses in Employment Agreements

NY Employers Face New Strict Harassment Laws

On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which includes several significant measures directed at both private and government employers regarding sexual harassment in the workplace. The signing of the budget bills triggers the countdown to the effective dates of the various provisions, as follows, with… Continue reading NY Employers Face New Strict Harassment Laws

Do New Labor Dept Rules Signal the Return of the Unpaid Internship?

The U.S. Dept. of Labor has announced it will use a new seven-factor test for deciding whether an internship position qualifies for an unpaid status under the minimum wage provision in the federal Fair Labor Standards Act. The guidelines shift the focus from whether the intern is the primary beneficiary of the relationship to whether… Continue reading Do New Labor Dept Rules Signal the Return of the Unpaid Internship?