Bond Schoeneck & King PLLC

Employee Retention Credit Expanded

The Employee Retention Credit (ERC) is a refundable payroll tax credit that was established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act for the purpose of retaining employees and continuing to pay employee…more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Retention, Paycheck Protection Program (PPP)

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Corporate Transparency Act Exempts Most (but not all) Nonprofits

The Corporate Transparency Act (CTA) now requires the vast majority of corporations, limited liability companies and other entities to report information concerning their beneficial ownership to the U.S. Treasury Department’s…more

501(c)(3), Beneficial Owner, Corporate Transparency Act, FinCEN, IRS

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Tackling Cyber Risks in the Manufacturing Industry

As the manufacturing industry increasingly relies on advanced technology such as the industrial internet of things, automation and big data, manufacturers are particularly susceptible to cyberattacks. Manufacturing operations of…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection, Data Security

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NYSDOL Regulations Regarding Payment of Wages by Debit Card and Direct Deposit Have Been Revoked

In a decision issued yesterday, the New York State Industrial Board of Appeals (IBA) revoked the regulations regarding payment of wages by debit card and direct deposit. While the full decision is available here, the upshot is…more

Debit Cards, Department of Labor (DOL), Direct Deposit, Employer Liability Issues, Payroll Cards

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Do National Banks Have to Pay Interest on Mortgage Escrow Accounts?

On Oct. 13, 2023 the U.S. Supreme Court granted certiorari in Cantero v. Bank of America, 49 F.4d 121 (2d Cir. 2022), allowing the Court to confront an unsettled issue of national concern: whether laws governing mortgage escrow…more

Banking Sector, Banks, Consumer Financial Products, Mortgages

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Private and Charter School Students Not Entitled to Transportation on Days School Districts Not in Session

On June 20, 2024, New York’s highest court confirmed that school districts (outside of New York City) are not required to provide transportation on days their schools are not in session…more

Charter Schools, Private Schools, School Districts, Students

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OFCCP’s Pay Equity Directive Takes Aim at Federal Contractors 

On March 15, 2022, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued a new directive addressing pay equity audits. The new Directive 2022-01 sets forth what OFCCP views as its apparent…more

Affirmative Action, Equal Pay, Federal Contractors, OFCCP, Pay Discrimination

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Enacted Budget Makes Major Changes to Consumer Directed Personal Assistance Program

The Fiscal Year 2025 enacted budget will significantly change the Consumer Directed Personal Assistance Program (CDPAP), a program of self-directed home care that allows seniors and individuals with disabilities to hire their…more

Health Care Providers, Home Health Care, Medicaid, Personal Assistance Services (PAS)

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Real Property Tax Grievance Procedures Adjusted Due to COVID-19 Crisis

Assessors have now received the guidance they have been waiting for as to how the real property tax grievance procedures in New York State will change during the COVID-19 crisis. The deadlines for the publication of tentative…more

Coronavirus/COVID-19, Property Tax, State Taxes, Tax Assessment

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EPA Proposed Modified Water Quality Rule Creating Greater Uncertainty

On June 2, 2022, the United States Environmental Protection Agency (EPA) announced a proposed rule updating the water quality certification regulatory requirements under Section 401 of the Clean Water Act (CWA). This proposed…more

Certification Requirements, Clean Water Act, Comment Period, Environmental Protection Agency (EPA), FERC

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IP & Technology Newsletter - Winter Recap 2020

The Winter Recap 2020 edition of Bond’s IP & Technology Newsletter features articles on: • Patent Prosecution: Diagnosis vs. Treatment: When Does Patient Care Become Patentable? • Patent Infringement: Hope for Utility…more

Certiorari, Patent Infringement, Patent Litigation, Patents, Trademarks

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In the Holiday Spirit, Give While You Can

The 2017 Tax Cuts and Jobs Act (the “Act” or “Tax Reform”) increased the basic exclusion amount for decedents dying and gifts made between January 1, 2018 and December 31, 2025, from $5 million to $10 million, before adjustment…more

Estate Planning, Estate Tax, Gift Tax, Proposed Regulation, Tax Cuts and Jobs Act

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OSHA Issues Final Rule on HazCom Standard

On May 20, 2024, the Occupational Safety and Health Administration’s (OSHA) announced a final rule updating the Hazard Communication Standard (HCS). The amended rule (29 CFR 1910) better aligns with the United Nations’ Globally…more

Employer Liability Issues, Final Rules, OSHA, Workplace Hazards, Workplace Safety

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IRS to Begin Processing Some Employee Retention Tax Credit Claims This Summer

In the wake of the COVID-19 pandemic, Congress passed the Employee Retention Tax Credit (“ERTC”) in an effort to help struggling businesses keep their employees on payroll throughout the pandemic. However, the Internal Revenue…more

Employee Retention, IRS, Tax Credits, Tax Planning, Voluntary Disclosure

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Update and Discussion on Legal and Practical Issues

This March 8 presentation covers COVID Update, Post-Pandemic Telehealth & Data Privacy Guidance, Potential New Laws from Albany for NY Employers and Higher Education Update…more

Colleges, Coronavirus/COVID-19, Data Privacy, Educational Institutions, Proposed Legislation

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Employee Retention Credit Expanded

The Employee Retention Credit (ERC) is a refundable payroll tax credit that was established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act for the purpose of retaining employees and continuing to pay employee…more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Retention, Paycheck Protection Program (PPP)

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Emergency Disaster Treatment Protection Act Lowers the Risk to Health Care Facilities and Professionals

In an effort to protect health care facilities and professionals providing care and treatment to New Yorkers during the COVID-19 crisis from potential future liability, the New York State Legislature and Gov. Cuomo have included…more

Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Infectious Diseases

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The National Labor Relations Board: The Show Must Go On, But With a New Independent Contractor Test

On June 13, 2023, the National Labor Relations Board (the Board), in its decision in the Atlanta Opera, Inc, brought back for an encore, its 2014 FedEx II standard for determining independent contractor status under the National…more

Employer Liability Issues, Independent Contractors, Misclassification, NLRB, Wage and Hour

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Coronavirus in the Workplace

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound approaches…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Contract, Employment Discrimination, Employment Policies

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U.S. Department of Commerce Issues Expanded Notice of Funding Opportunity for Commercial Fabrication Facilities Under the CHIPS ACT

The U.S. Department of Commerce (DOC) has issued a new Notice of Funding Opportunity (NOFO) for commercial fabrication facilities which expands the pool of applicants eligible to obtain a portion of the $39 billion in incentives…more

Funding Opportunities, Manufacturers, Semiconductors, U.S. Commerce Department

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New York City Publishes Workers’ Bill of Rights

On March 1, 2024, New York City’s Department of Consumer and Worker Protection (DCWP) released its newly expanded Workers’ Bill of Rights. The Workers’ Bill of Rights provides information about the rights and protections of…more

City of New York, Employee Rights, Employer Liability Issues, Local Ordinance, Posting Requirements

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American Privacy Rights Act

On April 7, 2024, Representative Cathy McMorris Rodgers and Senator Maria Cantwell introduced the American Privacy Rights Act (APRA) setting forth national data privacy rights and proposing a single, comprehensive federal data…more

Covered Entities, Cybersecurity, Data Privacy, Data Protection, Data Security

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New Venue Concerns for Corporations in New York State

Background The term “venue” in New York State civil procedure means the county in which a lawsuit is filed and prosecuted. Although it may seem somewhat inconsequential on its face, venue is an important strategic tool for…more

Litigation Strategies, Motion to Transfer, Transfer of Venue, Venue

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The NLRB Issues New Regulations - A New Assault On Employee Free Choice

On July 26, 2024, the National Labor Relations Board (NLRB) issued a new final rule concerning blocking charges, the voluntary recognition bar and union recognition in the construction industry that, in Orwellian fashion, it has…more

Construction Industry, Employer Liability Issues, New Regulations, NLRA, NLRB

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Corporate Transparency Act Exempts Most (but not all) Nonprofits

The Corporate Transparency Act (CTA) now requires the vast majority of corporations, limited liability companies and other entities to report information concerning their beneficial ownership to the U.S. Treasury Department’s…more

501(c)(3), Beneficial Owner, Corporate Transparency Act, FinCEN, IRS

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IRS Announces 2018 Pension and Related Limitations

The Internal Revenue Service recently announced the dollar limitations for pension plans and other items beginning January 1, 2018. Some of the limits are listed below…more

401k, 403(b) Plans, 457(b) Plans, Defined Benefit Plans, Defined Contribution Plans

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Education Department Unveils Final Rules to Protect Veterans and Service Members

On Oct. 27, 2022, the U.S. Department of Education (Department) announced final rules aimed at strengthening protections for U.S. service members and veterans, improving access to prison education programs, and raising…more

Department of Education, Educational Institutions, Final Rules, Military Service Members, Veterans

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Alert for Federal Contractors – OFCCP Contractor Portal Will Open for AAP Certification on April 1 and Agency Released Updated Annual Veteran Hiring Benchmark

The U.S. Department of Labor (DOL), Office of Federal Contract Compliance Programs (OFCCP) announced that its Contractor Portal will open to receive Affirmative Action Program (AAP) certification submissions on April 1, 2024…more

Affirmative Action, Federal Contractors, OFCCP, Rehabilitation Act, Veterans

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A Ban No More: District Court Strikes Down FTC’s Noncompete Ban

The FTC’s noncompete ban (16 C.F.R. § 910-1.6) is no more, at least for the time being. On Aug. 20, 2024, the United States District Court for the Northern District of Texas (Hon. Ada Brown, U.S.D.J.), in Ryan, LLC v. Federal…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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Tackling Cyber Risks in the Manufacturing Industry

As the manufacturing industry increasingly relies on advanced technology such as the industrial internet of things, automation and big data, manufacturers are particularly susceptible to cyberattacks. Manufacturing operations of…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection, Data Security

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Advance Notice Required Before COBRA Subsidy Ends

Group health plan sponsors that are providing the temporary COBRA premium subsidy required by the American Rescue Plan Act (ARPA) must provide advance notice to certain recipients that the COBRA subsidy will end. The notice must…more

American Rescue Plan Act of 2021, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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New OMIG Compliance Rules Effective

Effective Dec. 28, 2022, the Office of the Medicaid Inspector General’s (OMIG) revised Part 521 compliance regulations became effective. First proposed in July 2022 for review and comment, only minor, technical changes to the…more

Fraud Abuse and Waste, Health Care Providers, Medicaid, OMIG

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New York Anti-Discrimination Laws Extend to Nonresident Job Applicants and Employees

New York has long protected its residents from discrimination in the job hiring process with the New York State Human Rights Law (NYSHRL), which was originally passed in 1945. New York City also has its own Human Rights Law…more

Anti-Discrimination Policies, Employer Liability Issues, Hiring & Firing, Job Applicants, NYCHRL

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New York Amends Its Labor Law Restricting Mandatory Overtime for Nurses

On Dec. 30, 2022, Gov. Hochul signed a bill (A.286/S.1997) that amends New York Labor Law § 167. Originally enacted in 2009, Section 167 restricts “healthcare employers” from requiring nurses to work beyond their regularly…more

Employer Liability Issues, Nurses, Over-Time, State Labor Laws, Wage and Hour

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The COVID Tolling Window for Personal Injury Cases Has Closed

We have reached the end of the COVID tolling window for personal injury cases. Any personal injury complaints that accrued during the 228-day tolling period from March 20, 2020, through Nov. 3, 2020, that have not yet been filed…more

Coronavirus/COVID-19, Governor Cuomo, Negligence, Statute of Limitations, Tolling

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Late Start for Union Election Results in Rerun Election with Very Different Results

Early in February 2017, a group of drivers at the Bronx Lobster Place, a wholesale seafood distributor, voted 14-12 in favor of union representation, with one challenged ballot. Shortly after the election, the Lobster Place…more

Employer Liability Issues, NLRB, Union Elections, Unions

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New York Anti-Discrimination Laws Extend to Nonresident Job Applicants and Employees

New York has long protected its residents from discrimination in the job hiring process with the New York State Human Rights Law (NYSHRL), which was originally passed in 1945. New York City also has its own Human Rights Law…more

Anti-Discrimination Policies, Employer Liability Issues, Hiring & Firing, Job Applicants, NYCHRL

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How the Government’s Fight Against Financial Crimes Affects Business Entities in America

Enacted Jan. 1, 2021, the Corporate Transparency Act (CTA), part of the Anti-Money Laundering Act of 2020, adds a new set of disclosures that business entities will be required to file with the federal government. Starting Jan…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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New York Extends Statute of Limitations for Filing Claims of Unlawful Discrimination with the Division of Human Rights

November 27, 2023 By: Gianelle M. Duby On Nov. 17, 2023, Gov. Kathy Hochul signed Senate Bill S.3255, which amends Section 297 of the New York Executive Law by extending the statute of limitations for filing complaints of…more

Employer Liability Issues, Employment Discrimination, State Labor Laws, Statute of Limitations

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Commercial Rent Payments During the COVID-19 Crisis

For many businesses that don’t own the facilities in which they operate, their rent payment is the largest operating expense other than wages. Both landlords and tenants are suffering as a result of the COVID-19 pandemic and…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Landlords, Rent

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Trust and Estate: Family Feud — Hollywood May Call It Entertainment But It Is No Laughing Matter for Family Businesses, Part II (11/16)

INTRODUCTION - As discussed in Part One of this article, statistics show that most family-owned businesses fail after a generation or two. Specifically, only 30% of family-owned businesses survive the transition from the…more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Estate Tax

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Manufacturing in the Upstate NY Tech Corridor Employment Laws that are Unique to New York Part 1

For manufacturers and suppliers expanding their operations into New York State for the first time, there are a myriad of legal idiosyncrasies to navigate. Businesses must proactively identify areas in which a different approach…more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Policies, Harassment

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NLRB Asserts Employment Protections for Student-Athletes and Seeks to Hold the University of Southern California, Pac-12 Conference and NCAA Liable

The National Labor Relations Board (NLRB) General Counsel has issued a complaint against the University of Southern California (USC), the Pac-12 Conference and the NCAA claiming that certain USC student-athletes are employees…more

NCAA, NLRA, NLRB, Student Athletes, Universities

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New FOIL Notification Requirements for Public Employers

On Sept. 4, 2024, Gov. Kathy Hochul signed legislation requiring public employers to notify employees if their disciplinary records are requested as part of a Freedom of Information Law (FOIL) request. This legislation applies…more

Employer Liability Issues, Freedom of Information, Public Employees, Public Employers, State Labor Laws

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Is The End Near? COVID Paid Leave Developments

Since the announcement of the end of the federal Public Health Emergency, many clients have inquired as to the status of New York’s COVID-19 Paid Leave Law…more

Coronavirus/COVID-19, Employer Liability Issues, Paid Leave, Sick Leave, Wage and Hour

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Enacted Budget Makes Major Changes to Consumer Directed Personal Assistance Program

The Fiscal Year 2025 enacted budget will significantly change the Consumer Directed Personal Assistance Program (CDPAP), a program of self-directed home care that allows seniors and individuals with disabilities to hire their…more

Health Care Providers, Home Health Care, Medicaid, Personal Assistance Services (PAS)

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How the Recent Supreme Court Ruling Impacts Employers

Bond labor and employment attorney David M. Ferrara discusses implications for employers in the wake of the recent U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization. By overturning Roe v. Wade, the…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employer Liability Issues, Employment Policies

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Must an Employer Offer a Reasonable Accommodation if a Federal Safety Regulation Prohibits Such Accommodation?

In a decision of interest to New York State employers subject to federal safety regulations, the Second Circuit Court of Appeals recently answered that question in the negative. In Bey v. City of New York1, the Court concluded…more

Americans with Disabilities Act (ADA), Corporate Counsel, OSHA, Reasonable Accommodation, Title VII

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The Latest From The NLRB On Employment-At-Will Policies

Just two years ago, employers weren’t terribly worried about the approach the National Labor Relations Board (NLRB) took toward employment-at-will policies. True, the board did seem to signal at the time that it might…more

At-Will Employment, Employee Handbooks, Employer Liability Issues, Employment Contract, Employment Policies

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The Risk of Government Investigations and Potential Liability Under the Paycheck Protection Program

Calls for vigorous government investigation under the $659 billion Paycheck Protection Program (PPP) of the CARES Act have begun. This occurs amidst reports that various publicly traded companies have been beneficiaries of the…more

CARES Act, Coronavirus/COVID-19, Government Investigations, Paycheck Protection Program (PPP), SBA

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Another Title VI Agreement and Another Insight Into OCR’s Enforcement Agenda

On July 8, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that it had reached a resolution agreement with Brown University. This action followed an investigation concluding that Brown University…more

Civil Rights Act, Department of Education, Educational Institutions, OCR, Title VI

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As the Seasons Change, So Does New York’s Freedom of Information Law: The Application of NY’s FOIL to Law Enforcement Records

In June 2020, New York repealed Civil Rights Law § 50-a and amended portions of the State’s Freedom of Information Law (FOIL), resulting in significant changes to the types of law enforcement records subject to public…more

Freedom of Information, Law Enforcement, Public Records, State and Local Government

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NY’s Cannabis Control Board Settles with Plaintiffs in 2 Suits that will End

On Dec. 1, 2023, a New York State Supreme Court Justice in Ulster County approved the settlement by the New York State Cannabis Control Board (CCB) of two cannabis-related lawsuits brought over the summer, putting an end to…more

Cannabis-Related Businesses (CRBs), Licensing Rules, Marijuana, Marijuana Related Businesses, State and Local Government

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IRS Issues Updated Language for Section 403(b) Plans

The Internal Revenue Service recently issued its List of Required Modifications (LRMs) for pre-approved plan documents that are commonly used by employers that offer and/or contribute to Internal Revenue Code section 403(b)…more

403(b) Plans, Employee Benefits, Internal Revenue Code (IRC), IRS, Retirement Plan

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Child Abuse Redefined to Include Corporal Punishment Under Article 23-B

On Oct. 25, 2023, Gov. Kathy Hochul signed into law Senate Bill S05261/Assembly Bill A05010, amending the definition of child abuse under Article 23-B, § 1125(1). The definition of child abuse now includes corporal punishment as…more

Child Abuse, Corporal Punishment, Discipline, Private Schools, Public Schools

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IP & Technology Newsletter: Winter 2016

In today’s business world, protecting trade secrets is of vital importance. A trade secret is anything which gives a company a competitive advantage and is kept confidential, including a design, formula, manufacturing process,…more

Copyright, Disparagement, Patents, Pleading Standards, Trade Secrets

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NY’s Cannabis Control Board Settles with Plaintiffs in 2 Suits that will End

On Dec. 1, 2023, a New York State Supreme Court Justice in Ulster County approved the settlement by the New York State Cannabis Control Board (CCB) of two cannabis-related lawsuits brought over the summer, putting an end to…more

Cannabis-Related Businesses (CRBs), Licensing Rules, Marijuana, Marijuana Related Businesses, State and Local Government

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COVID-19 Business Succession Planning

In just nine months, the COVID-19 pandemic has changed nearly everything – how we work, play, teach, shop, travel. And its full impact is still not known, as the virus continues to claim lives and livelihoods. Amid so much…more

Business Succession, Coronavirus/COVID-19, Estate-Tax Exemption, Gift-Tax Exemption, Interest Rates

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New York Requires 9-8-8 Suicide and Crisis Lifeline Information Shared and Added to College Student ID Card

This week, Gov. Kathy Hochul signed the Student Lifeline Act amending the New York Education Law to require that degree-granting higher education institutions educate students, faculty and staff about New York’s 9-8-8 Suicide…more

Colleges, Educational Institutions, Mental Health, Students, Universities

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Are You a Fiduciary? The New Definition of an Investment Advice Fiduciary

On April 25, 2024, the United States Department of Labor (USDOL) issued a final rule, the “Retirement Security Rule,” that significantly alters the definition of a “fiduciary” under the Employee Retirement Income Security Act of…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Investment Adviser, Popular

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New York State Requires Paid Lactation Breaks

Effective June 19, 2024, New York State Labor Law Section 206-c requires all private and public employers to provide 30 minutes of paid break time for employees to express breast milk when the employee has a reasonable need to…more

Breastfeeding, Employee Rights, Employer Liability Issues, Lactation Accommodation, Rest and Meal Break

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IRS Announces 2018 Pension and Related Limitations

The Internal Revenue Service recently announced the dollar limitations for pension plans and other items beginning January 1, 2018. Some of the limits are listed below…more

401k, 403(b) Plans, 457(b) Plans, Defined Benefit Plans, Defined Contribution Plans

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Immigration Filing Fees to Increase

In late December 2023 and late January 2024, U.S. Citizenship and Immigration Services (USCIS) published a series of final rules substantially increasing the filing fees for many of the most commonly used employment-based…more

Filing Fees, Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures

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Two New Pieces of Legislation Will Require “Safe Staffing” Measures in New York Hospitals and Nursing Homes

The New York legislature has introduced two pieces of legislation that will greatly impact how healthcare facilities in the state are staffed. The first bill, A108/S1168, pertains to hospitals, and the second bill,…more

Health Care Providers, Hospitals, Nursing Homes, State Legislatures

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U.S. Federal Trade Commission (FTC) Announces Annual Update to HSR and Interlocking Directorate Thresholds

HSR - The FTC recently announced annual updates to certain thresholds for reporting transactions pursuant to the Hart-Scott-Rodino Antitrust Improvements Act (HSR). The announcement of these adjustments was delayed due to the…more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Interlocking Directorate

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A Ban No More: District Court Strikes Down FTC’s Noncompete Ban

The FTC’s noncompete ban (16 C.F.R. § 910-1.6) is no more, at least for the time being. On Aug. 20, 2024, the United States District Court for the Northern District of Texas (Hon. Ada Brown, U.S.D.J.), in Ryan, LLC v. Federal…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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Environmental and Energy: Hydraulic Fracturing: Courts and Localities Act Where New York State Fears To Tread (7/14)

In an opinion issued on June 24, 2014, the New York Court of Appeals upheld the zoning laws adopted by the Towns of Dryden and Middlefield to ban oil and gas production activities, including hydraulic fracturing, within their…more

Energy Sector, Environmental Policies, Fracking, Fracking Bans, Oil & Gas

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FEMA’s Public Assistance Program for Entities Affected by COVID-19

Months after COVID-19 first spread to the U.S., employers remain concerned about how to take care of their employees and the communities they serve with declining or nonexistent revenue. As one can see from the staggering number…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), FEMA, Personal Protective Equipment, Public Assistance

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NLRB Restores Expedited Union Election Procedures

On Aug. 25, 2023, the National Labor Relations Board (NLRB) published a final rule regarding election proceedings. In issuing the rule, the NLRB reinstated election procedures it issued in 2014. These procedures shorten the…more

Employer Liability Issues, Labor Relations, NLRB, Union Elections, Unions

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The COVID Tolling Window for Personal Injury Cases Has Closed

We have reached the end of the COVID tolling window for personal injury cases. Any personal injury complaints that accrued during the 228-day tolling period from March 20, 2020, through Nov. 3, 2020, that have not yet been filed…more

Coronavirus/COVID-19, Governor Cuomo, Negligence, Statute of Limitations, Tolling

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The NLRB’s Latest Decision Restricts the Use of Broad Confidentiality and Nondisparagement Clauses in Severance Agreements

On Feb. 21, 2023, the National Labor Relations Board (NLRB or Board) issued its decision in McClaren Macomb, 372 NLRB No. 58 (2023), where it held that severance agreements with broad confidentiality and/or nondisparagement…more

Confidentiality Agreements, Employee Rights, Employer Liability Issues, NLRA, NLRB

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Micron to Receive $6.1 Billion in CHIPS Act Funding

The Biden administration and Senator Charles Schumer have announced that the federal government and Micron Technology, Inc. ("Micron") have come to terms on a $6.1 billion grant to support the construction of the first two fabs…more

Biden Administration, Manufacturers, Semiconductors, Supply Chain

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Long-Term, Part-Time Employee Contribution Roll-Out

Under the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), plan sponsors with 401(k) plans are required to allow their “long-term part-time employees” to make elective salary deferral contributions…more

401k, Employee Benefits, Employer Contributions, Retirement, Retirement Plan

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New York City Law Protecting Freelance Workers Goes Into Effect on May 15, 2017

A new New York City law covering freelance workers goes into effect on May 15, 2017. The law, informally called the “Freelance Isn’t Free Act,” gives non-employee independent contractors the right to a written contract upon…more

Contract Terms, Freelance Isn't Free Act (FIFA), Freelance Workers, Independent Contractors, Local Ordinance

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Exempt Organizations: 2015 Amendments to New York’s Nonprofit Revitalization Act (2/16)

In December of 2013, New York enacted the Nonprofit Revitalization Act (the NPRA) which impacted all New York not-for-profit corporations as it sought to not only update New York’s Not-for-Profit Corporation Law (NPCL) but it…more

Amended Regulation, Independent Directors, Internal Revenue Code (IRC), Nonprofits

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New York Anti-Discrimination Laws Extend to Nonresident Job Applicants and Employees

New York has long protected its residents from discrimination in the job hiring process with the New York State Human Rights Law (NYSHRL), which was originally passed in 1945. New York City also has its own Human Rights Law…more

Anti-Discrimination Policies, Employer Liability Issues, Hiring & Firing, Job Applicants, NYCHRL

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Legislation Allows Municipalities to Install Cameras on School Buses and to Fine Drivers

On August 6, 2019, Governor Cuomo signed into law a bill (Assembly 4950B, Senate 4524) that authorizes counties, cities, towns and villages which are located within a school district to adopt or amend a local law or ordinance…more

Cameras, Governor Cuomo, School Districts, State and Local Government

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Further Breaking News for New York State Institutions: State Provides Clarification on Article 129-B Audit

On Friday, July 7, 2017, the Office of Campus Safety clarified its Notice of Audit, specifically stating that it is “not requesting submission of personally identifiable information of any individual” and emphasizing that…more

Article 129-B, Colleges, Educational Institutions, FERPA, Personally Identifiable Information

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A Proposed New York State Regulation Requires First-Of-Their-Kind Cybersecurity Requirements for Financial Services Companies

On September 13, 2016, New York Governor Andrew Cuomo announced that a first-of-its kind cybersecurity regulation has been proposed by the New York State Department of Financial Services (DFS) to further protect New York State…more

Cyber Attacks, Cybersecurity, Department of Financial Services, Public Comment

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New York Enacts Statewide “Freelance Isn’t Free” Legislation

On Nov. 22, 2023, Gov. Kathy Hochul signed into law the “Freelance Isn’t Free Act” (the Act or FIFA), which was amended on March 1, 2024. The Act is codified in Article 44-A of the New York General Business Law. Article 44-A of…more

Employer Liability Issues, Freelance Isn't Free Act (FIFA), Freelance Workers, New York, State Labor Laws

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U.S. Department of Commerce Issues Expanded Notice of Funding Opportunity Under the CHIPS Act

On Sept. 29, 2023, the U.S. Department of Commerce announced a second Notice of Funding Opportunity (NOFO) under its CHIPS and Science Act. This opportunity builds upon the previous announcement made in June of 2023 and…more

Manufacturers, Semiconductors, Supply Chain, U.S. Commerce Department

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How Low Can You Go? Here’s A Clue: RPTL 720(1)

As The Desmond Hotel & Conference Center was gearing up for it’s New Year’s Eve celebration, on December 31, 2014, the Appellate Division (Third Department) handed down a decision in Village Square of Penna, Inc. v Board of…more

Appeals, Business Valuations, Hotels, Property Valuation, Tax Assessment

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Corporate Transparency Act Exempts Most (but not all) Nonprofits

The Corporate Transparency Act (CTA) now requires the vast majority of corporations, limited liability companies and other entities to report information concerning their beneficial ownership to the U.S. Treasury Department’s…more

501(c)(3), Beneficial Owner, Corporate Transparency Act, FinCEN, IRS

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The Digital Personal Data Protection Act

Late last year, India passed the Digital Personal Data Protection Act (DPDPA) and joined the growing number of countries to pass a broad consumer protection law. After years of amendments and debates, the DPDPA will replace…more

Cybersecurity, Data Breach, Data Collection, Data Privacy, Data Protection

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New York Department of Financial Services Issues Proposed Circular Letter on Use of AI in Insurance Industry

On Jan, 17, 2024 the New York State Department of Financial Services (NYDFS) issued a proposed circular letter addressing the use of artificial intelligence systems (AIS) and external consumer data and information sources…more

Artificial Intelligence, Cybersecurity, Insurance Industry, NAIC, NYDFS

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Calling All Public Employers: Time to Develop a Pandemic Operations Plan

This past Labor Day, Governor Cuomo signed legislation which requires all New York State public employers to adopt a plan for operations in the event of a declared public health emergency involving a communicable disease. The…more

Employer Liability Issues, Employer Responsibilities, Governor Cuomo, New Legislation, Public Employers

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Returning to Work After the Pause: Reopening Considerations for New York Employers

Bond has put together a comprehensive, detailed 16-page guide to help employers reopen their business. Featured topics include: • Preliminary Risk Assessment • Workplace Safety Plans • Proactive Infection Plans • Plan to…more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Risk Assessment, Screening Procedures

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Changes to New York Paid Family Leave

PFL Expanded to Include Siblings On Nov. 1, 2021, Governor Kathy Hochul signed a bill into law amending the definition of family member for purposes of the New York Paid Family Leave Benefits Law (PFL) to include biological or…more

Corporate Counsel, Employer Liability Issues, Paid Family Leave Law, Paid Leave, Paid Time Off (PTO)

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OSHA Issues Final Rule on HazCom Standard

On May 20, 2024, the Occupational Safety and Health Administration’s (OSHA) announced a final rule updating the Hazard Communication Standard (HCS). The amended rule (29 CFR 1910) better aligns with the United Nations’ Globally…more

Employer Liability Issues, Final Rules, OSHA, Workplace Hazards, Workplace Safety

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Fiduciaries Facing Downturn in the Market Should Take Steps to Ensure Compliance with the Prudent Investor Act

Trustees face added risk of litigation during times of economic trouble. After the dot-com bubble burst in 2001, and mortgage defaults led to crisis in 2008, trust beneficiaries and others pointed their fingers at individual…more

Business Closures, Coronavirus/COVID-19, Default, Documentation, Investment Funds

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California Courts Continue to See Rise in CIPA Litigation Involving Tracking Technologies and Website Usage

The California Invasion of Privacy Act (CIPA) was originally passed in 1967 to curb unlawful telephone wiretapping. Now, in the age of website tracking technologies, this outdated law is being wielded by plaintiffs’ attorneys in…more

CIPA, Invasion of Privacy, Web Tracking, Website Owner Liability, Websites

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Are Division I Intercollegiate Athletes Employees? Perhaps

Challenges to the rules of the National Collegiate Athletics Association (NCAA) have increased in recent years. The U.S. Supreme Court struck the NCAA’s rule against paying intercollegiate athletes for use of their name, image…more

College Athletes, Colleges, Fair Labor Standards Act (FLSA), Name and Likeness, NCAA

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SEC Announces New Disclosure Requirements: Pay versus Performance

The Securities and Exchange Commission (SEC) has adopted final rules that will require new disclosures in proxy and information statements regarding the relationship between executive compensation paid by a company and the…more

Disclosure Requirements, Dodd-Frank, Final Rules, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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Eyes on 2024: Will the SEC Continue Its Aggressive Enforcement of Whistleblower Laws in 2024?

The Securities and Exchange Commission (the SEC or Commission) made clear in 2023 that it intends to aggressively enforce its whistleblower protection laws, namely Rule 21F-17, which prohibits employers from taking any action…more

Confidentiality Agreements, Enforcement Actions, Rule 21F-17, Securities and Exchange Commission (SEC), Securities Exchange Act

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A New Announcement Ends The Uncertainty About When The New Disability Claims Procedure Requirements Will Become Effective, And Requires Compliance By April 1, 2018

The United States Department of Labor (“DOL”) issued regulations in 2016 that made significant changes in the claims procedure requirements for employee benefit plans covered by the Employee Retirement Income Security Act…more

Department of Labor (DOL), Disability Benefits, Disclosure Requirements, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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IP & Technology Newsletter - Winter Recap 2020

The Winter Recap 2020 edition of Bond’s IP & Technology Newsletter features articles on: • Patent Prosecution: Diagnosis vs. Treatment: When Does Patient Care Become Patentable? • Patent Infringement: Hope for Utility…more

Certiorari, Patent Infringement, Patent Litigation, Patents, Trademarks

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November 3, 2023 Deadline for NCAA Division I DEI Self-Assessment and Attestation

As part of the NCAA’s efforts to promote diversity and gender equity in intercollegiate athletics, NCAA Bylaw 20.2.4.3 requires that all Division I athletic departments perform a diversity, equity and inclusion (DEI) assessment…more

College Athletes, Diversity and Inclusion Standards (D&I), NCAA, Student Athletes

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The (Mis)Use of Artificial Intelligence (AI) in Law

The utility of AI’s role in the legal industry has yet to be determined. Recently, two New York attorneys were sanctioned after using and relying on ChatGPT for legal research (Mata v Avianca, Inc., No. 22-cv-1461-PKC, ---…more

Algorithms, Artificial Intelligence, Legal Research, Legal Technology, Machine Learning

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Rules Amended to Respond to Continued Proliferation of Electronic Discovery

In 1995, then-Chief Judge Judith Kaye established the Commercial Division of the New York Supreme Court, reinforcing New York State as the center not only of finance and commerce for the country, but also for litigating…more

Commercial Litigation, Discovery, Electronically Stored Information, Proposed Amendments

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Documents to be Discussed at Open Meetings Must be Available to Public at Least 24 Hours in Advance of Meeting

On Oct. 19, 2021, Gov. Kathy Hochul signed legislation (S.1150-A/A.1228-A), amending the Open Meetings Law to require public agencies to post on their websites and make available any agency records scheduled to be discussed at…more

Freedom of Information, New York, Public Meetings, State and Local Government

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NYS Department of Health Opens Application Process for Financially Distressed Nursing Homes

The New York State Department of Health (DOH) has announced an application process for the Nursing Home Vital Access Provider Assurance Program (VAPAP). This program grows from a $100 million pool in the FY 2023 budget dedicated…more

Health Care Providers, Long Term Care Facilities, Long-Term Care, Nursing Homes

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USDOL Announces Technical Updates to NLRA Poster Under Executive Order 13496

The U.S. Department of Labor ("USDOL") announced it has made technical changes to the National Labor Relations Act ("NLRA") rights poster that federal contractors and subcontractors are required to display under Executive Order…more

Department of Labor (DOL), Federal Contractors, NLRA, NLRB, Subcontractors

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ED Releases Additional Guidance for 2024 Title IX Regulations

On April 29, 2024, the United States Department of Education (ED) published its changes to the Title IX Regulations (the 2024 Regulations). All institutional policies must be in compliance with the 2024 Regulations by Aug. 1,…more

Colleges, Educational Institutions, Sexual Harassment, Students, Title IX

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Navigating Requests for Animals on Campus

With college student mental health issues on the rise nationwide, college administrators are likewise seeing an increase in requests for emotional support animals to be present on campus. In considering these requests,…more

Americans with Disabilities Act (ADA), Colleges, Educational Institutions, Emotional Support Animals, Mental Health

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2023 EEO-1 Component 1 Data Collection Opening on April 30, 2024

Each year, the EEOC collects workforce data from private sector employers with more than 100 employees (lower thresholds apply to federal contractors). This workforce data is collected through the EEO-1 Component 1 report and…more

Data Collection, EEO-1, Pay Data, Reporting Requirements, Wage and Hour

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New FOIL Notification Requirements for Public Employers

On Sept. 4, 2024, Gov. Kathy Hochul signed legislation requiring public employers to notify employees if their disciplinary records are requested as part of a Freedom of Information Law (FOIL) request. This legislation applies…more

Employer Liability Issues, Freedom of Information, Public Employees, Public Employers, State Labor Laws

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IRS to Begin Processing Some Employee Retention Tax Credit Claims This Summer

In the wake of the COVID-19 pandemic, Congress passed the Employee Retention Tax Credit (“ERTC”) in an effort to help struggling businesses keep their employees on payroll throughout the pandemic. However, the Internal Revenue…more

Employee Retention, IRS, Tax Credits, Tax Planning, Voluntary Disclosure

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Coronavirus in the Workplace - December 1, 2020

The COVID-19 crisis has changed the landscape of our workplaces, now and in the future. As we navigate these turbulent times, Bond will provide guidance during a 45-minute webinar each Tuesday. Business Recovery Issues In these…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Hospitals, Infectious Diseases

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New York Enacts Retail Worker Safety Act Addressing Workplace Violence in Retail Settings

On Sept. 5, 2024, Gov. Kathy Hochul signed the Retail Worker Safety Act (A 8947 / S 8358) into law, which requires certain New York retailers to adopt safety measures to address and prevent workplace violence in retail settings…more

Employer Liability Issues, New York, Retail Workers, Retailers, State Labor Laws

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Proposed Legislation Would Automatically Confer General Jurisdiction on all Foreign Corporations Registered to do Business in New York State

New York, like many other states, requires foreign (non-New York) corporations and other entities to register to do business in the state…more

Foreign Corporations, General Jurisdiction, New York, Proposed Legislation, Registration Requirement

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Book it as Protectable: the Supreme Court Holds Booking.com is a Protectable and Registerable Trademark

On June 30, 2020, in a nearly unanimous opinion, the Supreme Court held that Booking.com is not generic for online hotel reservation services and is protectable under the Lanham Act. The basic logic underlying the holding is…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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Governor Cuomo Signs Law Enacting New Power of Attorney Form

Anyone who has signed a New York Power of Attorney (POA) form in the last 10 years knows it is a complicated form often requiring the advice of an attorney to ensure its proper execution. The current form is long and technical,…more

Governor Cuomo, Medical Directives, New York, Power of Attorney

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What Litigants Need to Know about Summary Judgment

As a bonus to Bond’s November 29 Back to Business webinar, Bond litigation attorney Timothy N. McMahon explained a recent development in the courts in which judges have relaxed the rules related to summary judgment (when the…more

New Rules, Summary Judgment, Trials

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You Must Make Haste! The Deadline to Implement the 2024 Title IX Regulations is Fast Approaching . . . For Most IHEs!

Dear Higher Education Readers … The spring of 2024 not only brought with it the release of Season 3 of the Netflix blockbuster Bridgerton, but also the release of revised Title IX regulations. On April 18, 2024, the U.S…more

Colleges, Department of Education, Educational Institutions, Sexual Assault, Sexual Harassment

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A Case of First Impression in the Second Circuit: Court Rules Garcetti Defense Not Applicable to Professor’s Claim of Academic Freedom

Freedom of speech in the public employment arena presents a double-edged sword; on the one hand, freedom of speech is one of the most cherished values that undergirds the proverbial marketplace of ideas in a university setting…more

Colleges, Educational Institutions, Universities

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Governor Hochul Signs Warehouse Worker Protection Act Into Law

On Dec. 21, 2022, Gov. Kathy Hochul signed the Warehouse Worker Protection Act (WWPA), S.8922/A 10020, into law. This new legislation aims to protect warehouse distribution workers from undisclosed or unlawful work speed quotas…more

Employer Liability Issues, State Labor Laws, Warehouses, Workplace Safety

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Update and Discussion on Legal and Practical Issues

COVID Update, Employee Benefits Update, Pending Federal Law Restricting Mandatory Aribitration and NDAs, Update on NYS COVID Paid Leave…more

Arbitration Agreements, Benefit Plan Sponsors, Coronavirus/COVID-19, Employee Benefits, Federal Arbitration Act

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Cybersecurity Awareness Month – Understanding the Complexities of Cyber Insurance Coverage

Many traditional liability insurance policies have exclusions for cyber-related risks and stand-alone cyber insurance policies are the norm to cover cyber liabilities. Still, cyber insurance policies are not standardized to the…more

Cyber Attacks, Cyber Crimes, Cyber Insurance, Cybersecurity, Popular

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Update on the Commissioner of Education’s Determination of the Use of Biometric Technology in Schools

On Dec. 22, 2020, New York State Technology Law Section 106-b took effect, which prohibited all school districts, including public, private and charter schools, from using any biometric technology (including but not limited to…more

Biometric Information, Private Schools, Public Schools, School Districts, Students

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MIRS and SIRS and Condominium Document Review for Contracts

In the transactional world of resale of residential condominium units the statutory three business-day condominium-review period will be taking on new elements for consideration. These additional considerations will be very…more

Condominium Associations, Condominiums, Inspections, Maintenance

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Life Insurance and Tax Implications

Amidst many recent sharply divided decisions, the United States Supreme Court (SCOTUS) on June 6, 2024 issued a rare unanimous ruling in Connelly v. United States, which addressed estate tax considerations relative to succession…more

Business Succession, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States, Estate Planning

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You’ve Got Acceptance! First Department Holds That Email Containing Attorney’s Signature Block Constitutes a Signed Settlement 

Email communication between attorneys has been the norm for some time now, but courts are still grappling with circumstances when an email constitutes an offer or acceptance of a settlement agreement. A recent First Department…more

Arbitration, Arbitrators, Corporate Counsel, Electronic Communications, Email

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IP & Technology Newsletter (Fall 2014)

The Supreme Court’s decision in Alice Corp. Pty. Ltd. vs. CLS Bank Int’l, 134 S. Ct. 2347 (decided June 19, 2014) (“Alice”) is an important decision that will have an impact on software and computer-related inventions. In its…more

CLS Bank v Alice Corp, Computer-Related Inventions, Patent Infringement, Patent Litigation, Patents

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Cybersecurity Awareness Month – Understanding the Complexities of Cyber Insurance Coverage

Many traditional liability insurance policies have exclusions for cyber-related risks and stand-alone cyber insurance policies are the norm to cover cyber liabilities. Still, cyber insurance policies are not standardized to the…more

Cyber Attacks, Cyber Crimes, Cyber Insurance, Cybersecurity, Popular

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Recent Developments in the World of Sports Provide an Opportunity for a Refresher on Internal Revenue Code Sections 409A and 457(f)

While the news cycle in the world of sports is ever changing, a few occurrences in the past several years deserve further discussion in the executive compensation community – Shohei Ohtani’s deferral of $680 million in salary…more

Deferred Compensation, Internal Revenue Code (IRC), Section 409A, Section 457(f)

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A Legal Analysis of Tiger King, Episode 2: “Cult of Personality”

Chaos continues for Joe Exotic’s attorney. After explaining insurance coverage issues to Mr. Exotic, next I would discuss why he should consider having his guests sign a liability waiver and release…more

Contract Terms, Negligence, Waivers

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NYSDEC Seeks Feedback on the Part 664 Freshwater Wetland Regulations

In January 2024, New York State Department of Environmental Conservation (DEC) released an Advanced Notice of Proposed Rulemaking (ANPR), which sought written stakeholder input as DEC began to develop regulations to, at least in…more

Comment Period, Department of Environmental Conservation, Proposed Regulation, State and Local Government, Wetlands

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CISA’s CIRCIA NPRM Advances the March Toward Heightened Reporting – Yet the Jury Still Is Out on How CIRCIA Will Affect Healthcare

Remember CIRCIA? The Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”) – intended to beef up reporting requirements across industries following cyber incursions – is moving along the pathway from…more

Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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US Patent Office Issues Patent No. 9,000,000

When I began my legal career in 2000, we were in the 6 million range for issued patents. Now, nearly 15 years later (with 3 million patents being issued during that time!), we are in 9 million range for issued patents…more

USPTO

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Tackling Cyber Risks in the Manufacturing Industry

As the manufacturing industry increasingly relies on advanced technology such as the industrial internet of things, automation and big data, manufacturers are particularly susceptible to cyberattacks. Manufacturing operations of…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection, Data Security

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Labor Class Civil Service Employees Afforded Job Protection

On September 7, 2018, Governor Cuomo signed legislation that amended Civil Service Law Section 75. Pursuant to the amendments, Section 75 now extends hearing rights (i.e., the right to written disciplinary charges and a hearing…more

Amended Legislation, Collective Bargaining, Employer Liability Issues, Governor Cuomo, Hiring & Firing

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Complex Litigation Quarterly (Spring 2015)

In this issue: - SPECIAL REPORT: Increased Judicial Scrutiny for Restrictive Covenants and Claimed Trade Secrets - CLASS ACTION UPDATE: Don’t Overlook CPLR § 901(b): New York’s Protection Against Class Actions for…more

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Emergency Requirements for Residential Mortgage Forbearance and Elimination of Fees

On March 24, 2020, the New York State Department of Financial Services issued an emergency regulation detailing the requirements applicable to New York State regulated institutions to provide certain financial relief during the…more

Coronavirus/COVID-19, Financial Services Industry, Forbearance Agreements, Mortgages, NYDFS

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NLRB Further Erodes Employer Rights and Promotes Unionization

The National Labor Relations Board (NLRB) continues to drastically change the law and tilt the playing field against employers and in favor of labor unions. Last week, the Biden NLRB issued new rules governing the unionization…more

Employee Rights, Employer Liability Issues, NLRB, Unfair Labor Practices, Unions

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Important Recent ESOP Developments 

There were several significant legal developments relating to employee stock ownership plans (ESOPs) last year. This information memo will summarize a few of the most important developments…more

Breach of Duty, Employee Benefits, Employee Retirement Income Security Act (ERISA), ESOP, Fiduciary Duty

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New York Institutions: New Amendments to the Nonprofit Revitalization Act of 2013 Signed into Law by Governor Cuomo

On November 28, 2016, New York State Governor Andrew Cuomo signed legislation enacting another round of amendments to the Nonprofit Revitalization Act of 2013. The amendments should ease compliance with the NPRA’s related party…more

Colleges, Educational Institutions, Nonprofits, Universities

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Returning to Work After the Pause: Reopening Considerations for New York Employers

Bond has put together a comprehensive, detailed 16-page guide to help employers reopen their business. Featured topics include: • Preliminary Risk Assessment • Workplace Safety Plans • Proactive Infection Plans • Plan to…more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Risk Assessment, Screening Procedures

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Year-End Amendment Deadline for Code Section 457(b) Plans of Non-Governmental Tax-Exempt Employers

A tax-exempt employer that maintains a deferred compensation plan under Section 457(b) of the Internal Revenue Code may need to take immediate action to ensure that the plan is amended by Dec. 31, 2022 to incorporate certain…more

457(b) Plans, Employee Benefits, Retirement Plan, SECURE Act

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Onondaga County Announces $10 million Fund to Support Housing Development County-wide

On Feb. 2, 2023, Onondaga County Executive Ryan McMahon announced the creation of the Onondaga County Housing Initiative Program (O-CHIP), a $10 million housing fund that is available to private sector and nonprofit developers,…more

Housing Developers, Land Developers, Real Estate Development, Urban Planning & Development

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IP & Technology Newsletter: Winter 2016

In today’s business world, protecting trade secrets is of vital importance. A trade secret is anything which gives a company a competitive advantage and is kept confidential, including a design, formula, manufacturing process,…more

Copyright, Disparagement, Patents, Pleading Standards, Trade Secrets

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Emergency Regulation Confirming the 13-Hour Payment Rule for Live-In Home Care Aides Working 24-Hour Shifts to be Followed by Confirmation of Retroact

On Friday, October 6, 2017 the New York State Department of Labor (NYDOL) used its “emergency” regulatory power to amend its Minimum Wage Order for Miscellaneous Industries and Occupations, relating to home care workers assigned…more

Department of Labor (DOL), Employer Liability Issues, Health Care Providers, Home Health Agencies, Home Health Care

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Trump Administration Announces Plan to End DACA

On September 5, 2017, Attorney General Jeff Sessions announced the Trump administration’s formal plan to end the Deferred Action for Childhood Arrivals (“DACA”) program. DACA was implemented in 2012, through an executive…more

DACA, Department of Homeland Security (DHS), Deportation, Employment Authorization Documents (EAD), Form I-9

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American Privacy Rights Act

On April 7, 2024, Representative Cathy McMorris Rodgers and Senator Maria Cantwell introduced the American Privacy Rights Act (APRA) setting forth national data privacy rights and proposing a single, comprehensive federal data…more

Covered Entities, Cybersecurity, Data Privacy, Data Protection, Data Security

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Fiduciaries Facing Downturn in the Market Should Take Steps to Ensure Compliance with the Prudent Investor Act

Trustees face added risk of litigation during times of economic trouble. After the dot-com bubble burst in 2001, and mortgage defaults led to crisis in 2008, trust beneficiaries and others pointed their fingers at individual…more

Business Closures, Coronavirus/COVID-19, Default, Documentation, Investment Funds

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New York Enacts Statewide “Freelance Isn’t Free” Legislation

On Nov. 22, 2023, Gov. Kathy Hochul signed into law the “Freelance Isn’t Free Act” (the Act or FIFA), which was amended on March 1, 2024. The Act is codified in Article 44-A of the New York General Business Law. Article 44-A of…more

Employer Liability Issues, Freelance Isn't Free Act (FIFA), Freelance Workers, New York, State Labor Laws

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New York State Economic Development Incentives Presentation

In This Presentation: NYS Economic Development Incentives • Five primary programs: o Start-Up NY Program; o Excelsior Jobs Program; o Industrial Development Agency (IDA) Benefits; o Brownfield Cleanup…more

Economic Development, Incentives, Startups

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Employee Retention Credit Expanded

The Employee Retention Credit (ERC) is a refundable payroll tax credit that was established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act for the purpose of retaining employees and continuing to pay employee…more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Retention, Paycheck Protection Program (PPP)

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Child Abuse Redefined to Include Corporal Punishment Under Article 23-B

On Oct. 25, 2023, Gov. Kathy Hochul signed into law Senate Bill S05261/Assembly Bill A05010, amending the definition of child abuse under Article 23-B, § 1125(1). The definition of child abuse now includes corporal punishment as…more

Child Abuse, Corporal Punishment, Discipline, Private Schools, Public Schools

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Employers Likely to Face a Wave of COVID-19 Class Action Litigation

As the ongoing COVID-19 pandemic continues to drastically impact the U.S., class action lawsuits have been on the rise. Despite court closures, class action filings have increased and are expected to continue…more

Class Action, Coronavirus/COVID-19, Corporate Counsel, Disability Discrimination, Fair Labor Standards Act (FLSA)

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Executive Order 202.8 and 202.9: 90 Day Suspension of Mortgage Payments; Moratorium on Evictions and Foreclosures

On March 19, 2020, New York Governor Andrew Cuomo addressed the need to provide financial relief to New Yorkers suffering as a result of the COVID-19 pandemic. One issue was the plan to suspend mortgage payments for 90 days…more

Eviction, Executive Orders, Moratorium, Mortgages

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American Rescue Plan Act Earmarks $2.75 Billion for Private Schools

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (the ARP Act) – a $1.9 trillion economic relief package. The ARP Act includes $2.75 billion specifically earmarked for private schools. This…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Private Schools

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NCAA Issues New Guidance on Name, Image and Likeness

Bond collegiate sports attorney Kyle Ritchie provides some updates on the name, image and likeness (NIL) rules for student-athletes from the National Collegiate Athletic Association (NCAA) and their possible impacts on…more

Name and Likeness, NCAA, New Guidance, School Sports, Student Athletes

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Federal Judge Blocks Education Department’s New Minimum Clock-Hour Rule

A federal judge in Texas has issued a nation-wide injunction blocking the Education Department’s new minimum clock-hour rule (Proposed Rule) for career prep programs, which was scheduled to go into effect on July 1, 2024…more

Colleges, Department of Education, Educational Institutions, Proposed Rules, Universities

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Environmental and Energy: New York State Department of Environmental Conservation Seeks Comment on Preliminary Draft of Revisions to Hazardous Waste Regulations (2/15)

On February 4, 2015, the New York State Department of Environmental Conservation (NYSDEC) made available for comment a Preliminary Draft for Public Consideration of Revised Hazardous Waste Management Regulations (Preliminary…more

Environmental Protection Agency (EPA), Hazardous Waste, Proposed Amendments, Public Comment, Waste Management

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Governor Hochul Signs Warehouse Worker Protection Act Into Law

On Dec. 21, 2022, Gov. Kathy Hochul signed the Warehouse Worker Protection Act (WWPA), S.8922/A 10020, into law. This new legislation aims to protect warehouse distribution workers from undisclosed or unlawful work speed quotas…more

Employer Liability Issues, State Labor Laws, Warehouses, Workplace Safety

See all updates »

Life Insurance and Tax Implications

Amidst many recent sharply divided decisions, the United States Supreme Court (SCOTUS) on June 6, 2024 issued a rare unanimous ruling in Connelly v. United States, which addressed estate tax considerations relative to succession…more

Business Succession, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States, Estate Planning

See all updates »

NYS DOH Issues Medical Marijuana Emergency Regulations

On October 5, 2017, the New York State Department of Health (DOH) issued emergency regulations with respect to its medical marijuana program. Specifically, nursing homes, adult care facilities, and certain residential facilities…more

Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities, Marijuana, Medical Marijuana

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New York Releases Final Revised Sexual Harassment Prevention Model Policy & Training

On April 11, 2023, the New York State Department of Labor (DOL), in consultation with the New York State Division of Human Rights, released a revised sexual harassment prevention model policy. The policy is a final version of…more

Department of Labor (DOL), Employee Training, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Sexual Harassment

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The Practical Effect of the Uniform Partition of Heirs Property Act

Under New York law, when real property has multiple owners who hold the property as tenants in common, any one co-owner can try to force the sale of the property by filing a partition under Article 9 of the Real Property Actions…more

Appraisal, Fair Market Value, Property Owners, Real Estate Market

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COVID-19: New York Travel Guidance, Related Disability FAQs, Reopening/Operating Procedures, School District Update

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound approaches…more

Americans with Disabilities Act (ADA), Business Operations, Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues

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4-20 Bill Could Sour Relationships Between Cannabis Growers and Sellers

As we previously wrote, New York has seen several delays in its rollout of recreational cannabis licenses for the majority of the State's hopeful dispensary applicants. As a result of the delays, some adult-use conditional…more

Cannabis Products, Marijuana, Marijuana Cultivation, Recreational Use

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Reminder: Restrictions on Accessing Employee Personal Accounts Takes Effect March 12, 2024

As a reminder, beginning March 12, 2024, Labor Law 201-i prohibits employers from requesting, requiring or coercing an employee or job applicant to: (i) disclose a username and password or other login information in order to…more

Employer Liability Issues, Employment Policies, Passwords, State Labor Laws

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Trust and Estate: Time-Sensitive: Give it Away While There is Still Time (8/16)

Proposed Regulations for Internal Revenue Code § 2704 Significantly Limit Valuation Discounts for Intra-Family Transfers - On August 2, 2016, the United States Department of the Treasury (the "Treasury Department") issued…more

Estate Planning, Family Limited Liability Companies, Internal Revenue Code (IRC), Proposed Regulation, Transfer Restrictions

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COVID-19 in the Workplace - PPP Update, COVID Plans from the Biden Transition Team, Higher Education Relief Package Provision, COVID WARN Act Developments

In these sessions, we not only summarize the week’s latest federal and state guidance, we will also offer insights on: - All aspects of employment law compliance - Paycheck Protection Program, tax credits and other economic…more

Biden Administration, Business Interruption, Colleges, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

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The Intersection of Employer Counterclaims and Retaliation: An Analysis of the Second Circuit’s Recent Decision in Kim v. Lee

Employers are well aware of the risks a disgruntled employee may pose during their employment and even after their employment has ended. Sometimes, however, employers do not discover an employee’s unscrupulous behavior until…more

Counterclaims, Employment Litigation, Fair Labor Standards Act (FLSA), Retaliation, Wage and Hour

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Cybersecurity and Data Privacy: Cybersecurity Information Sharing Act Passes Senate, Would Encourage Business to Share Cyber-Threat Data with Government (10/15)

Sharing information about cyber threats and analysis is a cybersecurity best practice but can often come into conflict with a company’s protection of its own data and that of its customers. On October 27, 2015, the U.S. Senate…more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), Department of Homeland Security (DHS), Information Sharing, Pending Legislation

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Landmark Settlement may Transform Collegiate Model of Amateurism

Billions directed to former and current student-athletes - On May 23, 2024, the NCAA and “Autonomy Five” conferences (ACC, Big 10, Big 12, PAC-12 and SEC) announced an agreement to settle three pending antitrust lawsuits –…more

College Athletes, Colleges, Name and Likeness, NCAA, Student Athletes

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U.S. Department of Education Releases Additional Guidance for the 2024 Title IX Regulations

On Sept. 12, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) released two new resources aimed at helping schools (including colleges and universities) and school administrators comply with the 2024…more

Colleges, Department of Education, Educational Institutions, OCR, Sex Discrimination

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NLRB Adopts New Legal Standard for Evaluating Employer Work Rules

On August 2, 2023, the National Labor Relations Board (NLRB or Board) issued its decision in Stericycle, Inc., 372 NLRB No. 113 (2023), where it adopted a new legal standard to determine whether an employers’ work rules violate…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

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Corporate Transparency Act Exempts Most (but not all) Nonprofits

The Corporate Transparency Act (CTA) now requires the vast majority of corporations, limited liability companies and other entities to report information concerning their beneficial ownership to the U.S. Treasury Department’s…more

501(c)(3), Beneficial Owner, Corporate Transparency Act, FinCEN, IRS

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Real Property Tax Grievance Procedures Adjusted Due to COVID-19 Crisis

Assessors have now received the guidance they have been waiting for as to how the real property tax grievance procedures in New York State will change during the COVID-19 crisis. The deadlines for the publication of tentative…more

Coronavirus/COVID-19, Property Tax, State Taxes, Tax Assessment

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Police Reform in New York State

Following nationwide protests, federal, state and local lawmakers across the country have considered adopting legislation aimed at addressing racial inequalities in policing and modernizing longstanding police strategies,…more

Criminal Justice Reform, Law Enforcement, Police, Police Misconduct, State and Local Government

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Manufacturing in the Upstate NY Tech Corridor Employment Laws that are Unique to New York Part 1

For manufacturers and suppliers expanding their operations into New York State for the first time, there are a myriad of legal idiosyncrasies to navigate. Businesses must proactively identify areas in which a different approach…more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Policies, Harassment

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ChatGPT – Hallucinating Case Law, Instigating Attorney Sanctions and Stealing Privilege

In 2023, use of generative artificial intelligence (Gen AI) tools such as ChatGPT went viral. Generative AI platforms can be utilized to create a host of efficiencies across businesses and professions such as drafting emails,…more

Algorithms, Artificial Intelligence, Data Privacy, Machine Learning, Popular

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Earned Safe and Sick Time Act Proposal

New York City’s Earned Safe and Sick Time Act (ESSTA or Act) provides covered employees with the right to use safe and sick leave as it accrues for a delineated list of circumstances. On Aug. 11, 2022, the New York City Council…more

Employer Liability Issues, Local Ordinance, Safe Leave, Sick Leave, Wage and Hour

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The NLRB Issues New Regulations - A New Assault On Employee Free Choice

On July 26, 2024, the National Labor Relations Board (NLRB) issued a new final rule concerning blocking charges, the voluntary recognition bar and union recognition in the construction industry that, in Orwellian fashion, it has…more

Construction Industry, Employer Liability Issues, New Regulations, NLRA, NLRB

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Intellectual Property and Technology: New Federal Law Means You Should Update Your Non-Compete And Non-Disclosure Agreements (5/16)

President Obama this week (on May 11) signed into law the Defend Trade Secrets Act (DTSA) of 2016. This is truly a landmark law; one that expands the federal remedies companies can pursue to halt the theft of trade secrets vital…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection, New Legislation

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NYS Department of Health Opens Application Process for Financially Distressed Nursing Homes

The New York State Department of Health (DOH) has announced an application process for the Nursing Home Vital Access Provider Assurance Program (VAPAP). This program grows from a $100 million pool in the FY 2023 budget dedicated…more

Health Care Providers, Long Term Care Facilities, Long-Term Care, Nursing Homes

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2023 EEO-1 Component 1 Data Collection Opening on April 30, 2024

Each year, the EEOC collects workforce data from private sector employers with more than 100 employees (lower thresholds apply to federal contractors). This workforce data is collected through the EEO-1 Component 1 report and…more

Data Collection, EEO-1, Pay Data, Reporting Requirements, Wage and Hour

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Opportunities in Estate Planning During the COVID-19 Crisis

In the last several weeks we have seen the drastic impact of the COVID-19 crisis on our health, way of living and the economy. While these times may feel uncertain, there are still many factors in your control and even…more

Coronavirus/COVID-19, Estate Planning, Estate Tax, Gift Tax

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GDPR: Winter is coming (and enforcement is too)

After its implementation in May 2018, the European Union General Data Protection Regulation (GDPR) continues to dominate headlines in many industries, including technology. On September 25, 2018, Facebook discovered a security…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, EU Data Protection Laws

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Past and Present College Athletes Sue NCAA Over Transgender Participation Rules

Only about .007% of athletes who complete in NCAA sports are transgender. However, this group has attracted an outsized amount of social, media, regulatory and now litigant, attention. Under National Collegiate Athletic…more

College Athletes, NCAA, Student Athletes, Title IX, Transgender

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Is The End Near? COVID Paid Leave Developments

Since the announcement of the end of the federal Public Health Emergency, many clients have inquired as to the status of New York’s COVID-19 Paid Leave Law…more

Coronavirus/COVID-19, Employer Liability Issues, Paid Leave, Sick Leave, Wage and Hour

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Data Privacy and Security Concerns for Businesses in the Hospitality and Tourism Markets

Hospitality and tourism is a broad and varied industry that can encompass hotels, restaurants, bars, casinos, theme parks, wineries, breweries, distilleries and more. While these businesses all have very different methods of…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

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Agencies “Rule” No More – Federal Agency Deference Standard is Overruled

In Loper Bright Enterprises v. Raimondo, by a 6-3 vote, the United States Supreme Court (Court) overruled Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., a 1984 decision holding that where a federal statute is…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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U.S. Department of Labor Announces its Final Rule to Increase the Salary Level to Qualify for the White Collar Exemptions

On April 23, 2024, the U.S. Department of Labor announced its final rule to increase the minimum weekly salary to qualify for the Fair Labor Standards Act white collar exemptions. The final rule is scheduled to be published in…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

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EEOC Publishes New Guidance on Workplace Harassment for the First Time in Twenty Years

On April 29, 2024, the Equal Employment Opportunity Commission (“EEOC”) published Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance took effect immediately and supersedes the EEOC’s previously…more

Anti-Harassment Policies, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Harassment

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Cybersecurity and Data Privacy: Potential New Cybersecurity Regulations for Financial Institutions and Insurance Companies (11/15)

On the heels of recent high profile cyber-attacks against financial institutions and insurance companies, the New York State Department of Financial Services released a letter on November 9, 2015 that outlines proposed…more

Chief Information Security Officer (CISO), Cyber Attacks, Cybersecurity, Data Security, Financial Institutions

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New York State Legislature Amends Statutes Governing Property Tax Exemptions for Seniors and Persons with Disabilities and Limited Incomes

In Chapter 59 of the Laws of 2023, the New York State Legislature amended three aspects of the senior citizens exemption (Real Property Tax Law §467) and the exemption for persons with disabilities and limited incomes (RPTL…more

Income Taxes, Property Tax, State Taxes

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Minimizing Products Liability When Retooling to Produce COVID-19 Supplies

Manufacturers have jumped to the aid of their communities, re-tooling existing manufacturing facilities to produce desperately needed supplies such as hand sanitizer, face masks and ventilators. These acts of corporate…more

Coronavirus/COVID-19, Medical Supplies, Personal Protective Equipment

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California Adopts Climate Disclosure Laws that Could Affect Businesses Nationwide

In early September 2023, the California Legislature passed two climate disclosure bills as part of the California Climate Accountability Package: S.B. 253 The Climate Corporate Data Accountability Act (CCDAA) and S.B. 261…more

California, Climate Change, Disclosure Requirements, Governor Newsom, Greenhouse Gas Emissions

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Securities and Exchange Commission Amends Municipal Securities Disclosure Requirements

In an effort to enhance disclosure and increase transparency in the municipal Securities market, the Securities and Exchange Commission adopted amendments to Rule 15c2-12 of the Securities Exchange Act of 1934. The amendments…more

Disclosure Requirements, Municipal Securities Issuers, Municipal Securities Market, Proposed Amendments, Rule 15c2-12

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ICE Reverses Course, Prohibits International Students from Attending Online-Only Institutions in the U.S. During the Fall 2020 Semester

As COVID-19 forced colleges and universities across the country to abruptly close their campuses and pivot to online-only instruction models for the remainder of the spring and the entire summer semesters, Immigration and…more

Coronavirus/COVID-19, Customs and Border Protection, F-1 Visa, Foreign Students, Immigration and Customs Enforcement (ICE)

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New York State Requires Paid Lactation Breaks

Effective June 19, 2024, New York State Labor Law Section 206-c requires all private and public employers to provide 30 minutes of paid break time for employees to express breast milk when the employee has a reasonable need to…more

Breastfeeding, Employee Rights, Employer Liability Issues, Lactation Accommodation, Rest and Meal Break

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NLRB Restores Obama-Era Bargaining Unit Test

On Dec. 14, 2022, the National Labor Relations Board (NLRB or Board) issued a decision that (again) modifies its standard for bargaining-unit determination cases where a labor union seeks to represent a unit that contains some,…more

Bargaining Units, Collective Bargaining, NLRB, Unions

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Lobbying: Compliance is in the Details

A little known provision in the New York State Lobbying Act imposes a reporting requirement on organizations that are registered with the Joint Commission on Public Ethics (“JCOPE”) and submit reports for lobbying activities,…more

Lobbying, Lobbyists, Reporting Requirements, State and Local Government

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Departments of Education and Justice Issue Guidance with Respect to Students for Fair Admissions v. Harvard

On Aug. 14, 2023, the Office for Civil Rights of the United States Department of Education and the United States Department of Justice issued joint guidance to institutions of higher education with respect to the Supreme Court's…more

Affirmative Action, College Admissions, Department of Education, Department of Justice (DOJ), Educational Institutions

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