On May 1, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision that makes it more difficult for employers to discipline or discharge employees for their offensive or abusive conduct while engaged...more
Two recent late-year decisions from the National Labor Relations Board (“NLRB”) have the potential to significantly impact private sector employers across all industries.
1. The NLRB Expanded its Authority to Order...more
In March of 2022, New York Governor Kathy Hochul signed legislation directing the New York State Division of Human Rights (“DHR”) to establish a toll-free confidential hotline designed to provide counsel and assistance to...more
The Office of Cannabis Management in New York state has provided further guidance on how adult-use conditional cultivators (AUCCs) must measure and report the square footage of their flowering canopy to remain compliant with...more
For nearly 75 years, employers have held the right to gather employees at work for mandatory meetings to discuss, in a non-coercive manner, the employer’s views concerning unionization. On April 7, 2022, however, National...more
The New York State Commissioner of Health’s designation of COVID-19 under the Health & Essential Rights Act (“HERO Act”) as an “airborne infectious disease that presents a serious risk of harm to the public health” ended on...more
The Occupational Safety and Health Administration (OSHA) announced today, Jan. 25, 2022, that it is withdrawing its November 5, 2021 Emergency Temporary Standard (ETS), which would have required many private employers with...more
On January 13, 2022, the U.S. Supreme Court issued an opinion in which it ordered a stay on the enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) pending disposition...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
New York State Governor Kathy Hochul recently announced that beginning on December 13, 2021, face masks are required to be worn in all “indoor public places,” except those that require proof of vaccination as a condition of...more
On October 8, 2021, the New York State Department of Labor (“NYSDOL”) issued “Frequently Asked Questions” (“FAQs”) to address common situations and questions relating to the legalization of adult-use cannabis and its effect...more
On March 31, 2021, Governor Andrew Cuomo signed into law the New York State Marijuana Regulation and Taxation Act (“MRTA”), which legalized recreational use of marijuana for adults over the age of 21. Although retail sales of...more
Recreational, adult-use marijuana is poised to become legal in New York state. The changes that legalization brings for virtually every workplace include modifications and updates to employer policies and procedures regarding...more
3/30/2021
/ Criminal Convictions ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
Protected Class ,
Recreational Use ,
State Labor Laws ,
Workplace Safety
On January 14, 2021, New York State Department of Labor (“DOL”) Commissioner Roberta Reardon signed an Order that temporarily cancels unemployment insurance (“UI”) charges to employers for the duration of the COVID-19...more
On December 23, 2020, Governor Cuomo signed Assembly Bill A5240A into law, requiring, in part, that school districts and Boards of Cooperative Educational Services (BOCES) in New York state designate all single-occupancy...more
New York state seemed poised to legalize marijuana in 2020 – but those efforts, like so many others, were thwarted by COVID-19. However, we can expect this unfinished business to remain on the radar – with legalization seen...more
10/21/2020
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Coronavirus/COVID-19 ,
Decriminalization of Marijuana ,
Dispensaries ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Municipalities ,
Recreational Use ,
State and Local Government
On Friday, the U.S. Department of Labor (“DOL”) issued much-anticipated revisions and clarifications to its Families First Coronavirus Response Act (“FFCRA”) regulations, in response to a U.S. District Court for the Southern...more
Soon after the U.S. Department of Labor (“DOL”) issued its Families First Coronavirus Response Act (“FFCRA”) regulations in early April 2020, the State of New York filed a lawsuit against the DOL, challenging several...more
On July 16, 2020, the U.S. Department of Labor (“DOL”) released new, streamlined forms that employers may voluntarily use for the administration of leave under the Family and Medical Leave Act (“FMLA”). In connection with the...more
In a landmark decision, the U.S. Supreme Court ruled earlier today (June 15, 2020) that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects employees from workplace discrimination on the basis of sexual...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
*Information in this Alert is current as of 4 p.m., June 10, 2020. The alert may be updated as New York clarifies reopening details.
New York State has published guidance for industries permitted to reopen in “Phase Three”...more
6/11/2020
/ Coronavirus/COVID-19 ,
Massage Therapists ,
New York ,
Personal Protective Equipment ,
Public Safety ,
Re-Opening Guidelines ,
Restaurant Industry ,
Social Distancing ,
Tattoos ,
Virus Testing ,
Workplace Safety
The U.S. Department of Education has issued long awaited final regulations amending Title IX, the federal law that bans sexual discrimination at institutions that receive federal funds. The new regulations focus on Title IX...more
On May 6, 2020, the United States Department of Education issued long-awaited Final Regulations (the “Regulations”) amending Title IX regulations. The Regulations focus on Title IX protections for victims of sexual misconduct...more
As explained in our earlier legal alert, New York State enacted legislation in March 2020 authorizing sick leave for all employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19...more
Lawmakers introduced and passed several bills in 2019 as part of an aggressive agenda to overhaul New York employment laws. Harris Beach attorneys Lindsey Zullo, Dan Palermo, Ibby Tariq and Taylor Ventre discuss a host of...more
1/9/2020
/ Amended Legislation ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Confidentiality Agreements ,
Employee Benefits ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Medical Leave ,
New Legislation ,
Non-Disclosure Agreement ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Pay Discrimination ,
Pay Equity Laws ,
Salary/Wage History ,
Settlement ,
State Labor Laws ,
Voting Leave ,
Wage and Hour
On December 13, 2019, the National Labor Relations Board (“NLRB” or the “Board”) issued a proposed rule that will modify the procedures governing NLRB elections. The proposed rule will extend deadlines and add procedural...more