Paul F. Keneally
Selected Issues Under the NYS & Federal COVID Laws & the CARES Act
Paul F. Keneally presented on a webinar hosted by the Genesee Valley Chapter Society for Human Resource Management. The webinar was regar...
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Paul F. Keneally
- Apr 6, 2020
- 2 min
Selected Employment Provisions of the Fiscal Year 2020-2021 NYS Budget
Looking beyond the current Coronavirus crisis for a minute, several provisions of the Fiscal Year 2020-2021 New York State Budget propose...
Paul F. Keneally
- Mar 6, 2020
- 3 min
Evolving Law Becoming Tougher in Prohibiting Gender Discrimination in Employee Pay
Legislators have for many years sought to strengthen state and federal laws in order to prevent employers from engaging in gender discrim...
Paul F. Keneally
- Feb 6, 2020
- 1 min
New Federal DOL Joint Employer Rule Good News for Employers
In a move that many employer groups had lobbied for, the United States Department of Labor (“DOL”) issued a new final rule in January 202...
Paul F. Keneally
- Jan 6, 2020
- 2 min
NY Employers Now Prohibited from Activities Related to the Salary History of Prospective Employees
With the turn of the calendar to 2020, New York employers are now specifically prohibited from a various activity related to prospective ...
Paul F. Keneally
- Dec 11, 2019
- 2 min
Can an Employer Disclose Disciplinary Action Against an Employee in NYS?
There is no generally affirmative duty under New York law to disclose or not disclose information about disciplinary action against emplo...
Paul F. Keneally
- Nov 12, 2019
- 2 min
Federal DOL Proposed Rule Allows Bonus Pay to be in the Calculation of Employee Overtime Pay Rate
The fluctuating workweek half-time overtime option has been available for many years under federal law as a way for employers to reduce...
Paul F. Keneally
- Oct 9, 2019
- 2 min
U.S. Supreme Court Argument on 10/8/19 Regarding LGTBQ Discrimination Coverage Under Title VII
Observers noted a sharp divide among the United States Supreme Court Justices during oral argument of three cases before them on October ...
Paul F. Keneally
- Sep 6, 2019
- 1 min
Paid Family Leave 2020 Rates Announced
The New York State Department of Financial Services (“DFS”) Superintendent revealed the new Paid Family Leave (“PFL”) benefit and employe...
Paul F. Keneally
- Sep 6, 2019
- 1 min
Federal DOL Set to Publish a Proposed Rule Regarding Fluctuating Workweek Pay
Under the federal Fair Labor Standards Act, employers who agree with employees who work a fluctuating number of hours each week to pay th...
Paul F. Keneally
- Aug 7, 2019
- 1 min
The Employer's Duties Regarding The Safety of Employees and Others
The recent sad and tragic accident involving a young boy’s death at an outdoor grease trap at a local coffee shop brings to mind the duties
Paul F. Keneally
- Jul 9, 2019
- 3 min
New Employee Wage Lien Law Expected Shortly
New York State Governor Cuomo is expected to sign a bill granting employees and former employees the power to lien real and personal prop...
Paul F. Keneally
- Jun 11, 2019
- 2 min
Federal DOL Proposes Changes/Clarifications to the Definition of "Regular Rate" Under the FLSA
The determination of the regular rate of pay for employees who are non-exempt under the Fair Labor Standards Act (“FLSA”) and, therefore,...
Paul F. Keneally
- May 6, 2019
- 1 min
Employee Paid Time Off to Vote Law Changes in New York
As part of the New York fiscal year 2020 budget announced April 1, 2019, Election Law Section 3-110 was immediately amended to allow work...
Paul F. Keneally
- Mar 29, 2019
- 3 min
Is it Legal to Fire an Employee Who is Out on Short-Term Disability?
This question and answer was printed in a Monroe County Medical Society 2019 Bulletin. This relatively short question implicates many emp...
Paul F. Keneally
- Feb 28, 2019
- 1 min
NYS DOL Not Implementing Call-In Pay Regulations
Good news! On 2/27/19, the New York State Department of Labor issued a statement that it would not pursue implementing the proposed call...
Paul F. Keneally
- Jan 7, 2019
- 1 min
Federal Government Shutdown Fallout: How Employers Who Use E-Verify Handle the System Being Down
Employers who use E-Verify to comply with their I-9 obligations have not had access to the system since December 22, 2018. Crucially, ho...
Paul F. Keneally
- May 9, 2018
- 1 min
Expected 2019 PFL Developments
As New York State employers continue to manage their first year of paid family leave (PFL) benefits available to employees in 2018 (8 wee...
Paul F. Keneally
- Nov 23, 2016
- 4 min
Common Law Duty of Non-Solicitation of Customers for Sellers of Businesses
For good reason, given the volume of litigation generated by them, restrictive covenants in employment agreements attempting to limit or ...
Paul F. Keneally
- Jul 6, 2016
- 1 min
New York Trial Court Refuses to Enforce Physician Restrictive Covenant
It has long been the law in New York that employment contract covenants restricting what employees can do post-employment, generally diff...
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