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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...more

New York Further Restricts Employers’ Use of Non-Disclosure Provisions in Certain Settlement Agreements

Effective Nov. 17, 2023, New York General Obligations Law 5-336 was amended to further restrict employers’ use of non-disclosure or confidentiality provisions in settlement agreements when the factual foundation involves...more

New York State Officially Repeals the COVID-19 Vaccine Mandate for Health Care Workers

On October 4, 2023, the COVID-19 vaccine mandate for health care workers in New York will officially be repealed. On September 18, 2023, the New York State Department of Health (NYSDOH) submitted a Notice of Adoption to...more

CMS Issues Final Rule Withdrawing Health Care Staff COVID-19 Vaccination Requirement

On June 5, 2023, the Centers for Medicare and Medicaid Services (CMS) published a final rule withdrawing the requirement that employees of CMS covered health care providers be vaccinated against COVID-19. You may recall that...more

NLRB Returns to Setting-Specific Standards for Employee Misconduct Occurring in the Course of Protected Activity

In a recent decision, the National Labor Relations Board (the Board) returned to its earlier precedent “applying setting-specific standards” in cases involving employees who are disciplined for misconduct that occurs during...more

New York Department of Health Commissioner Recommends Repeal of the Healthcare Worker Vaccine Mandate

On Aug. 26, 2021, the New York State Department of Health (DOH) implemented an emergency regulation requiring covered health care employers, including hospitals, to “continuously” ensure that their “personnel” are fully...more

Appellate Division Stays Invalidation of Healthcare Vaccine Mandate

As covered in our previous blog post, in January 2023, Onondaga County Supreme Court Justice, Hon. Gerard J. Neri, struck down a regulation adopted by the New York State Department of Health (NYSDOH) – 10 N.Y.C.R.R. § 2.61...more

Update Regarding New York’s Healthcare Vaccine Mandate

On Jan. 13, 2023, Onondaga County Supreme Court Justice, Hon. Gerard J. Neri, struck down a regulation adopted by the New York State Department of Health (NYSDOH) – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered...more

New York’s Healthcare Vaccine Mandate Comes Under Fire . . . Again

In August 2021, the New York State Department of Health (NYSDOH) implemented an emergency regulation – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully...more

New York Announces Increase to Minimum Wage for Upstate Employers

Effective Dec. 31, 2022, the minimum wage in upstate New York (i.e., every part of the state except New York City, Nassau, Suffolk and Westchester counties) will increase from $13.20 to $14.20 per hour. The New York State...more

General Counsel's Corner: Cannabis on Campus – The Personnel Edition

This latest edition of our series on cannabis related developments and issues in higher education addresses the impact of the widespread state level legalization of recreational and medicinal cannabis throughout the United...more

New York State Adopts the CDC’s COVID-19 Quarantine and Isolation Guidance

On Sept. 14, 2022, the New York State Department of Health (NYSDOH) issued updated COVID-19 quarantine and isolation guidance, which effectively replaces the guidance from May 31, 2022. According to the September 14 guidance,...more

Appellate Division Holds Attorney General’s COVID-19 Retaliation Claims are Preempted by Federal Law

In February 2021, New York State Attorney General, Letitia James, filed a lawsuit against Amazon alleging that the retailer failed to sufficiently prioritize hygiene, sanitation and social distancing at its fulfillment center...more

5/18/2022  /  Amazon , NLRA , NLRB , Preemption , Retaliation , Termination

NYSDOL Issues FAQs Regarding Recreational Marijuana

Earlier this month, the New York Department of Labor (DOL) published Frequently Asked Questions (FAQs) regarding the legalization of recreational marijuana and its impact on the workplace....more

Updated Guidance Regarding Tax Credits Under the American Rescue Plan

Under the American Rescue Plan (ARP), certain private-sector and governmental employers may claim refundable tax credits which provide reimbursement for the cost of providing Families First Coronavirus Response Act (FFCRA)...more

Lessons from Google: What Employers Should Know About Minority Unions

It is no secret that private sector union membership has dramatically decreased over the past several decades. This reality has forced labor organizers to get creative with their efforts. Perhaps this is one reason why...more

Things You Should Know Leading Up to World Data Privacy Day 2021

On Election Day, Nov. 3, 2020, California voters were tasked with more than casting their votes in the presidential election. Californians also voted on California Proposition 24, which is the California Privacy Rights Act...more

USDOL Issues Guidance on Tracking Compensable Hours of Remote Employees

On August 24, 2020, the United States Department of Labor (DOL) issued guidance to assist employers in complying with their obligation to track compensable hours of employees working in remote or telework arrangements. While...more

EEOC Announces Delay of EEO Data Collections

On May 7, 2020, the U.S. Equal Employment Opportunity Commission ("EEOC") announced that it will delay the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections due to the COVID-19 public health...more

Treatment of Student Workers Under the COVID-19 Emergency Family Medical Leave Expansion Act and the Emergency Paid Sick Leave Act

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act, which enacted the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. These Acts make new categories...more

Higher Education: Treatment of Student Workers Under the COVID-19 Emergency Family Medical Leave Expansion Act and the Emergency...

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act, which enacted the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. These Acts make new categories...more

Let the Litigation Begin! California Residents Already Filing Enforcement Actions Under the CCPA

The ink is still wet, and the dust has hardly settled after the California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. Yet starting in February, two class actions were filed by California residents...more

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