On Friday, December 17, 2020, the NYC Council passed two bills that will end “at-will” employment for fast-food workers in New York City. The bills will take effect 180 days following Mayor de Blasio’s expected signing of...more
12/22/2020
/ At-Will Employment ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Just Cause ,
Labor Regulations ,
Local Ordinance ,
Regulatory Agenda ,
State and Local Government ,
Termination
On September 28, 2020, New York City Mayor Bill de Blasio signed into law amendments to the New York City Earned Safe and Sick Time Act (ESSTA). The amendments were enacted with the chief purpose of aligning ESSTA with the...more
On March 17, 2020, New York State Governor Andrew M. Cuomo announced an agreement with the state legislature on a bill guaranteeing unpaid and paid sick leave and job protection for individuals who have been quarantined as a...more
3/18/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employer Liability Issues ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Public Health ,
Regulatory Agenda ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
In our December 23, 2019 Legal Alert we reported that the NYS Department of Health’s (“DOH”) Request for Offers (“RFO”) required a “Joint Employment Attestation” in any offer to continue or first become a Fiscal Intermediary...more
The New York State Department of Health (DOH) recently issued a Request for Offers (RFO) from eligible entities who want to continue or first commence participating as Fiscal Intermediaries (FIs) under the New York Consumer...more
On December 18, 2019 New York State’s Department of Health (DOH) issued a Request for Offers (RFO) from those who wish to continue or first become Fiscal Intermediaries (FIs) under the State’s Consumer Directed Personal...more
12/24/2019
/ Healthcare Workers ,
Hiring & Firing ,
Home Health Care ,
Home Healthcare Workers ,
Intermediaries ,
Job Applicants ,
Joint Employers ,
Personal Assistants ,
Regulatory Requirements ,
Request for Offers ,
State and Local Government ,
State Health Departments
On August 12, 2019, New York State (NYS) amended its Human Rights Law to make it easier to prove discriminatory harassment for members of all protected classes, including age, race, creed, color, national origin, sex, sexual...more
8/15/2019
/ #MeToo ,
Anti-Harassment Policies ,
Burden of Proof ,
Corporate Culture ,
Employer Liability Issues ,
Gender-Based Pay Discrimination ,
Harassment ,
Hostile Environment ,
New Legislation ,
NYSHRL ,
Regulatory Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more
3/27/2019
/ Appeals ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
On February 6, 2018, a New York federal judge rejected a challenge to a New York City law requiring fast-food businesses to, upon request of their employees, forward voluntary deductions from employee paychecks to nonprofits....more
2/14/2019
/ Fast-Food Industry ,
First Amendment ,
Free Speech ,
Freedom of Association ,
Labor Management Relations Act (LMRA) ,
NLRA ,
Nonprofits ,
Payroll Deductions ,
Preemption ,
Protected Concerted Activity ,
Restaurant Industry ,
State and Local Government ,
Wage and Hour
Until last week, no New York court had ruled on the question whether a fiscal intermediary (FI) participating in New York’s consumer directed personal assistant program (CDPAP) was a joint employer of a consumer’s personal...more
Over the past several years, both New York State and New York City have enacted significant new employment and labor laws. This Update summarizes the key laws you should be following and the penalties for violations.
...more
12/17/2018
/ Cooperative Dialogue ,
Corporate Counsel ,
Exempt-Employees ,
Fair Chance Act ,
Freelance Isn't Free Act (FIFA) ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
Safe Leave ,
Salary/Wage History ,
Sexual Harassment ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour ,
Wage Theft Prevention Act ,
Work Schedules
Audits of compliance with the Wage Parity Act ("WPA") are on the rise. The NYS Attorney General's Medicaid Fraud Unit, Medicaid Inspector General ("OMIG"), and Department of Labor ("DOL") are all auditing home care agencies....more