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Salary Inquiry Ban In Effect for Albany County Employers

Effective December 17, 2017, employers and employment agencies in Albany County with four or more employees within the county are barred from: (1) screening job applicants “based on their wage, including benefits or other...more

New NLRB General Counsel Memorandum Hints that Changes May Be Coming

On December 1, 2017, Peter B. Robb, the new General Counsel for the National Labor Relations Board (“Board”), issued an advice memorandum outlining the Board’s enforcement priorities and policy objectives. Many of these...more

Office of Special Education and Rehabilitative Services Issues Q&A Guidance on FAPE Standard Under Endrew F.

As we previously reported, the United States Supreme Court’s recent decision in Endrew F. v. Douglas County School District RE-1 addressed the standards by which schools must provide students with disabilities a free...more

Changes to New York State Education Department Procedural Safeguards Notice for Parents of Children with Disabilities

The New York State Education Department (SED) recently issued a memorandum requiring school districts to begin using a revised “New York State Education Department Procedural Safeguards Notice - Rights for Parents of Children...more

Client Alert - Endrew F. v. Douglas County School District RE-1

On March 22, 2017, the U.S. Supreme Court issued a decision reassessing the standards by which schools must provide students with disabilities a free appropriate public education (FAPE) under the Individuals with Disabilities...more

IDEA Exhaustion Rule Applies only to Claims Specifically Involving FAPE

On February 22, 2017, the U.S. Supreme Court issued an important decision concerning the legal remedies that parents have when they feel their disabled child is being ill-served by a school district. This decision discusses...more

White House Urges States to Reform Non-Competition Laws

On October 25, 2016, the White House published a State Call to Action on Non-Compete Agreements urging states to reform their non-competition laws. The call to action follows an earlier report from the White House which...more

Non-Competition Restrictions

On October 25, 2016, the White House published a “State Call to Action,” urging states to reform their noncompetition laws. The Call to Action follows an earlier report from the White House which concluded that noncompetition...more

New York Proposes Increases to Minimum Salary Thresholds for Exempt Employees

As expected, the New York State Department of Labor has announced increases to the minimum salary thresholds for employees who are exempt from the New York minimum wage and overtime requirements under the administrative and...more

New York State Prohibits Discrimination Based on Relationship or Association

On May 18, 2016, the New York State Division of Human Rights (SDHR) adopted new regulations that prohibit discrimination based on a relationship or association with members of a protected class. The purported purpose of the...more

U.S. Department of Labor Announces Final Overtime Rule

The United States Department of Labor finalized its overtime rule amending the “white collar” exemptions to the federal Fair Labor Standards Act. Two years in the making, the final rule is expected to cause 4.2 million...more

NLRB Regional Director Files a Complaint Alleging that Misclassification of Workers as Independent Contractors is an Unfair Labor...

On April 18, the Regional Director for the National Labor Relations Board (the “NLRB”)’s Los Angeles office issued an unfair labor practice complaint against a transportation company, alleging that the company had...more

New York Budget Deal Includes Increases to the State Minimum Wage

The New York State 2016-17 budget contains a bill that raises the State’s minimum wage beginning on December 31, 2016. The bill provides that the minimum wage increases will be phased in as follows...more

Second Circuit Holds that Human Resources Directors may be Individually Liable for FMLA Violations

The Second Circuit recently held that a Director of Human Resources may be individually liable for violations of the Family and Medical Leave Act (FMLA). Relying on the “economic reality” standard derived from the Fair Labor...more

Split Supreme Court Upholds Union Agency Fees...for Now

On March 29, 2016, the United States Supreme Court affirmed a decision permitting public-sector unions to continue collecting “agency fees” from nonmember workers. This is a major victory for public sector unions, as a...more

Final Rule Amending the White Collar Exemptions is Here, Almost

On March 14, 2016, the U.S. Department of Labor submitted its Final Rule amending the white collar overtime exemptions to the Office of Management and Budget (“OMB”) for review. Generally, OMB completes its review of proposed...more

New York Regulations Governing Gender Identity Discrimination Take Effect

As we recently reported, in October 2015, Governor Cuomo introduced regulations under the New York Human Rights Law banning discrimination and harassment against transgender individuals. Following a 45-day comment period,...more

Recent Case Serves as a Reminder that Domestic Violence Victim Status Is a Protected Category in New York

The New York State Attorney General recently announced a settlement agreement with the Bon-Ton Stores, Inc., after an employee of a Bon-Ton store complained that her employer had discriminated against her because she is a...more

The State Education Department Releases a ‘Blueprint for Improved Results for Students With Disabilities’

Last week, the New York State Education Department announced that it has developed a “blueprint” for local school districts to develop effective special education programs for students with disabilities. SED stated that the...more

OSEP Issues Guidance Requiring IEPs to Be Aligned With Grade-Level Content Standards

Ever since New York State adopted the common core standards, there has been questions about how these standards would apply to students with disabilities. The response to these questions has been fairly consistent—disabled...more

New York City “Bans the Box”

On June 29, 2015, New York City Mayor Bill de Blasio signed into law “Ban the Box” legislation, prohibiting employers from making any inquiry of, or statement to, an applicant for the purpose of eliciting information...more

NLRB Overturns 37-Year Precedent Regarding Duty to Provide Witness Statements to Unions

On June 26, 2015, the National Labor Relations Board (NLRB) reversed its 37-year precedent, ruling in American Baptist Homes of the West, d/b/a Piedmont Gardens, that employers must disclose to unions confidential witness...more

New York City Passes the Stop Credit Discrimination in Employment Act

Effective September 2, 2015, the Stop Credit Discrimination in Employment Act (the Act) will prohibit New York City employers with four or more employees from requesting or using an applicant’s or employee’s consumer credit...more

OSEP Issues Letter Expanding Parents’ Right to an IEE

One of the most significant safeguards that parents of students with disabilities have under the Individuals with Disabilities Education Act (IDEA) is the right to an independent educational evaluation (IEE). In essence, this...more

OCR Issues Guidance Regarding Immunization Requirements for Students With Disabilities

The U.S. Department of Education Office of Civil Rights (OCR) recently issued guidance regarding how schools should address situations where a student with a disability is unvaccinated. This guidance recognizes that there are...more

3/24/2015
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