Bond Schoeneck & King PLLC

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

Let’s Get Back to the Basics of Workplace Investigations When the Whistle Blows

Conducting workplace investigations is one of the most challenging and most important duties that Human Resource professionals must take on. With the slew of existing laws, how Human Resource professionals respond to complaints…more
| Labor & Employment Law

OCR Issues Title IX Coordinator Resource Guide

On April 24, the Department of Education’s Office for Civil Rights (“OCR”) issued new materials on Title IX. The materials include a Dear Colleague Letter to educational institutions, a letter to Title IX Coordinators and a…more
| Administrative Law, Education, Labor & Employment Law

E-Discovery and Information Management: Courts Continue to Endorse Technology Assisted Review To Control Rising Costs of Electronic Discovery (5/15)

The rapid pace of technological development, particularly in the area of data storage, has created significant burdens on all businesses, large and small. In litigation, the cost of locating relevant Electronically-Stored…more
| Civil Procedure, Electronic Discovery, Science, Computers, & Technology

Employee Benefits: Who is a Fiduciary? DOL Proposal Expands Definition (4/15)

The U. S. Department of Labor (DOL) issued a regulation in 1975 defining the circumstances under which a person providing "investment advice" is to be treated as a fiduciary under the Employee Retirement Income Security Act…more
| Labor & Employment Law, Finance & Banking

Most New York City Employers May Soon Be Prohibited From Conducting Credit Checks on Job Applicants

On April 16, 2015, the New York City Council overwhelmingly passed an amendment to the New York City Human Rights Law that would bar most city employers from using credit checks as part of their hiring process…more
| Civil Rights, Labor & Employment Law

School Districts: Changes To APPR And Teacher Tenure (4/15)

While not as extensive as first proposed by the Governor, the enacted 2015-2016 budget bill will result in significant changes to the structure of Annual Professional Performance Reviews (APPR) for classroom teachers and…more
| Education, Labor & Employment Law

Federal Court Rules That HR Consultant’s Report is Not Privileged

On March 27, 2015, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion to compel disclosure of a report prepared by a Human Resources (“HR”) consultant in class action litigation under…more
| Civil Procedure, Labor & Employment Law

Health Law Wire: $1.2 Billion CRFP Grant Deadline Now May 6, 2015 – Applications To Be Re-Submitted Under New Standards (4/15)

In the recently enacted 2015-2016 State Budget, the “Capital Restructuring Financing Program” (CFRP), which provides up to $1.2 billion in capital funding to support DSRIP project goals, was significantly amended to require…more
| Finance & Banking, Health, Government Contracting

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. As…more
| Civil Procedure, Real Estate - Residential, Taxation, Real Estate - Commercial

NLRB General Counsel Issues Memorandum on Changes in Representation Case Procedures

On April 6, the National Labor Relations Board (“NLRB”) General Counsel issued a guidance memorandum to explain the changes in the procedures for processing union representation petitions under the NLRB’s final rule on “quickie”…more
| Labor & Employment Law

Labor and Employment: The Use of Social Media During the Hiring Process - Do the Benefits Outweigh the Risks? (4/15)

As the social media phenomenon continues to dominate our culture and its use has become second-nature, it is worthwhile to revisit some of the issues presented by an employer’s use of social media, particularly in the context of…more
| Labor & Employment Law
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