Bond Schoeneck & King PLLC

USDOL’s Proposed Revisions to the Exemption Regulations Significantly Increase Salary Requirements, But Leave Duties Requirements Untouched

The U.S. Department of Labor recently released its highly anticipated proposed rule on the Fair Labor Standards Act white-collar overtime exemptions, along with a fact sheet summarizing the proposed rule. The good news for…more
| Labor & Employment Law

Employee Benefits: A Major Curtailment of the IRS Determination Letter Program Will Impose New Compliance Burdens on Sponsoring Employers (7/15)

The Internal Revenue Service ("IRS") announced, on July 21, 2015, a major curtailment of its determination letter program for individually designed qualified retirement plans ("Individually Designed Plans") that will impose…more
| Labor & Employment Law, Taxation

Wage Board Recommends an Increase in the Minimum Wage for Fast Food Workers to $15.00 Per Hour

On July 22, 2015, the Fast Food Wage Board (which was empaneled at the direction of Governor Cuomo to investigate and make recommendations regarding an increase in the minimum wage for employees in the fast food industry) passed…more
| Franchise Law, Labor & Employment Law

Health Law Wire: CMS Proposes Major Overhaul of LTC Survey Regulations (7/15)

On July 16, 2015, CMS filed over 400 pages of regulatory comment and proposed revisions to the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. CMS stated that these…more
| Health

USDOL Issues Guidance Regarding Misclassification of Employees as Independent Contractors

On July 15, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued Administrator’s Interpretation No. 2015-1, which provides guidance regarding the misclassification of employees as independent contractors. …more
| Labor & Employment Law

Court of Appeals Decides “Greater Jamaica” RPTL 420-a Case

We reported in February on an Appellate Division, Second Department case that held that public parking garages can qualify as tax exempt under Real Property Tax Law § 420-a. On July 1, the Court of Appeals overturned that…more
| Taxation, Real Estate - Commercial, Nonprofit Law

Enough is Enough Becomes Law

As expected, New York Governor Andrew M. Cuomo signed the “Enough is Enough” legislation into law on July 7, 2015. As a result, the majority of the legislation’s provisions imposing obligations on colleges and universities will…more
| Education

Second Circuit Sides With Employers in Two Cases Involving Unpaid Interns

In two recent cases decided on July 2, the Second Circuit Court of Appeals held that in many instances, unpaid interns may not necessarily be employees covered by the Fair Labor Standards Act (“FLSA”) and the New York Labor Law…more
| Education, Labor & Employment Law

Health Law Wire: OMIG Standards for PRI Audits Held Arbitrary and Capricious (7/15)

The Office of the Medicaid Inspector General (OMIG) was recently given a set-back in its on-going audits of nursing home case mix submissions. These audits focus on “Patient Review Instruments” (PRIs) which form the basis of…more
| Administrative Law, Health

School Districts: Regulatory Changes to Teacher and Principal APPR (6/15)

As previously discussed in our April 15, 2015 information memo, classroom teacher and principal Annual Professional Performance Reviews (APPR) will be governed by new statutory and regulatory requirements beginning July 1, 2015…more
| Education, Labor & Employment Law

USDOL’s Proposed Revisions to the Exemption Regulations Significantly Increase Salary Requirements, But Leave Duties Requirements Untouched

The U.S. Department of Labor released its highly anticipated proposed rule on the Fair Labor Standards Act white-collar overtime exemptions yesterday, along with a fact sheet summarizing the proposed rule. The proposed rule…more
|

Occupational Safety and Health Law: OSHA Announces Initiative to Cite Hospitals and Nursing Homes for Ergnomics Violations (6/15)

As background, OSHA issued a final ergonomics rule on January 16, 2001, four days before the end of the Clinton administration. Later that year, before the rule could go into effect, the new Congress rejected the rule under the…more
| Labor & Employment Law, Health

Toxic Tort and Environmental Litigation: House of Representatives Approves TSCA Reform Bill in Near-Unanimous Vote (6/15)

Tangible reform is finally on the horizon for the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601 et seq. following a recent vote by the House of Representatives overwhelmingly in favor of a new reform bill. Enacted in…more
| Elections & Politics, Environmental Law, Science, Computers, & Technology, Toxic Torts

Health Law Wire: Court Invalidates DOH Retroactive Clinic Rate Changes (6/15)

The Appellate Division Fourth Department recently invalidated DOH’s attempts to retroactively revise Diagnostic & Treatment Center (D&TC) rates and upheld statutory requirements for 30 day advance notice of capital rate changes…more
| Administrative Law, Civil Procedure, Health

New York City Council Passes “Ban the Box” Law

On June 10, 2015, the New York City Council passed the Fair Chance Act, which amends the New York City Human Rights Law to prohibit most employers in New York City from making any inquiries about an applicant’s pending arrest or…more
| Civil Rights, Labor & Employment Law
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