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 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
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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

New York State DOL Issues Draft Regulations on Payroll Debit Cards

The New York State Department of Labor (“NYSDOL”) recently proposed new regulations governing the payment of employee wages via payroll debit cards – a growing practice among employers. These draft regulations, which are not…more
| Labor & Employment Law

Higher Education: New York State to Pass Sexual Misconduct Legislation (6/15)

Recently, Governor Andrew Cuomo announced that he and State Legislative Leaders have reached an agreement regarding new sexual misconduct legislation. It may be recalled that several months ago, the Governor’s office proposed…more
| Education, Elections & Politics

OSHA Publishes Guidance Regarding Restroom Access for Transgender Employees

On June 1, 2015, the United States Occupational Safety and Health Administration (“OSHA”) published A Guide to Restroom Access for Transgender Workers. OSHA stated that the “core principle” of the Guide is as follows: “All…more
| Civil Rights, Labor & Employment Law

Health Law Wire: FTC Objects to Legislative Antitrust Immunity in New York (6/15)

The FTC is urging the NY Legislature to withdraw a bill which would grant broad antitrust immunity to the Westchester and Erie County health care public benefit corporations. There is continuing scrutiny of state-sponsored…more
| Antitrust & Trade Regulation, Business Organizations, Commercial Law & Contracts, Health

The Supreme Court’s Decision in EEOC v. Abercrombie: What Can Employers Do to Reduce the Risk of Religious Discrimination Claims in the Hiring Process?

On June 1, the Supreme Court issued an 8-1 decision in EEOC v. Abercrombie & Fitch Stores, Inc., holding that Title VII of the Civil Rights Act prohibits a prospective employer from refusing to hire an applicant in order to…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Health Law Wire: Extensive Changes Proposed by CMS for Medicaid Managed Care Plans (5/15)

Newly proposed regulations governing Medicaid managed care plans across the nation have been published this week with a comment period lasting through July 27, 2015. These proposals are not yet in effect and are likely to be…more
| Health

OSHA Clarifies the Standard for Whistleblower Claims

On April 20, 2015, the Acting Director of the Occupational Safety and Health Administration (“OSHA”) Whistleblower Protection Programs issued a memorandum to all Regional Administrators clarifying the standard which should be…more
| Civil Rights, Labor & Employment Law

Part 2: …But In the Fourth Department, Repeat Filings Are Not Required?

In Part 1 of this discussion, we highlighted the Appellate Division, Third Department’s holdings on RPTL’s “freeze” provision in the Highbridge Broadway, LLC v City of Schenectady and Scellen v City of Glens Falls cases…more
| Civil Procedure, Real Estate - Residential, Taxation, Real Estate - Commercial

EEOC Issues Proposed Rule Addressing Employer Wellness Programs and the ADA

On April 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) issued a proposed rule to amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (“ADA”) as it relates…more
| Civil Rights, Labor & Employment Law, Privacy, Health

New York City Human Rights Law Strictly Limits Employers’ Use of Credit Checks in Hiring

In follow-up to our April 21 post, New York City Mayor Bill de Blasio signed into law an amendment to the New York City Human Rights Law on May 6, prohibiting employment discrimination on the basis of “consumer credit history.”…more
| Civil Rights, Labor & Employment Law
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One Lincoln Center 110 West Fayette Street
Syracuse, NY 13202-1355, United States

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