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Constitutional Law Employment Law

SCOTUS dissent is message to reverse Church/State law

The Supreme Court deciding not to hear a case is a regular occurrence. Getting SCOTUS to hear a case is exceedingly hard, and as Chief Justice, John Roberts has shrunk the Court docket to 1960s numbers. But what seems like a quiet little denial of certiorari yesterday is actually a not-so-cryptic message from the right […]

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Employment Law

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 […]

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Employment Law

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 […]

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Employment Law

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 […]

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Employment Law

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 […]

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Employment Law

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 […]

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Constitutional Law Employment Law

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 […]

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Employment Law

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

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 […]

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Employment Law

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 […]