ARTICLES & POSTS

On December 19, 2025, Governor Kathy Hochul signed the Trapped at Work Act (the “Act”) into law, amending the New York Labor Law to significantly curtail an employer’s ability to require workers to repay money if they leave employment before a specified period of time. The Act took effect immediately and reflects New York’s continued scrutiny of contractual provisions restricting employee mobility. Covered Employers and Workers The Act adopts an expansive definition of both “

Recent lawsuits and settlements serve as a powerful reminder that sexual harassment prevention should remain at the top of every employer’s compliance agenda. The risks are no longer limited to overt misconduct as enforcement agencies are scrutinizing workplace culture, reporting systems, and managerial accountability more closely than ever. Below is an overview of some current enforcement trends and cases illustrating where employers are facing the greatest exposure and what

When we first wrote about this topic in August 2025 , the IRS had not yet issued formal guidance on how the tip and overtime deductions added by Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act (OBBBA) would be implemented. On November 21, 2025, the Treasury and IRS issued Notice 2025‑69 , which provides clarification on how to determine the amount of the deduction if a worker did not receive a separate accounting from their e

In acknowledgment of the existing backlog of cases at the agency, effective November 14, 2025, the New York State Division of Human Rights (“DHR”) is implementing significant changes to the way individuals report and file complaints of unlawful discrimination under the New York State Human Rights Law. These changes result from amendments to 9 NYCRR §§ 465.1, 465.2, 465.3, 465.5, and 465.6, and the repeal of § 465.8, which were finalized on September 10, 2025. According to the

It has taken half a century for pregnancy to move from a private circumstance to a legally protected condition. The journey from outright employment bans to affirmative accommodation mandates traces one of the most significant evolutions in American workplace law. For New York employers, the shift has seemingly accelerated sharply in recent years. With overlapping federal and state regimes now in place, the risk of misstep, and subsequent litigation for those who fail to adap

If you are an employer in New York, you have probably had to navigate short-term disability leave at some point. And one of the most...

Congratulations to Paul F. Keneally  for being named to the 2025 Rochester Business Journal  and The Daily Record Labor & Employment...

On July 4, 2025, President Trump signed H.R. 1, the “One Big Beautiful Bill Act” (OBBBA) into law. Among other provisions, the OBBBA...

Recently, the daily rate for jury duty in New York state increased from $40 to $72. While this may seem like a small administrative change, the implications for employers – especially those with hourly or part-time workers – are important. Here is what employers need to know to stay compliant and avoid legal pitfalls.

Several key employment law changes in New York have already taken effect or will begin in 2025. It’s essential for employers to stay...

Paul F. Keneally has been appointed to serve on the Board of Directors of St. John’s Foundation.

Beginning June 2, 2025, certain New York State retailers selling “consumer commodities” with ten (10) or more employees will be required...

The 2024 elections are just weeks away on November 5, 2024. As we’ve previously reported , employers across New York are still required...

Businesses in New York, both big and small, have long utilized non-compete agreements and related restrictive covenants to prevent...

Underberg & Kessler LLP is proud to announce that Jennifer A. Shoemaker  and Ryan T. Biesenbach  were selected as 2024 Attorneys of the...

Q: I work at a practice that employs physicians with Non-Compete Agreements. What is the status of the FTC’s proposed rule on Non-Compete Agreements? A: In January 2023, the Federal Trade Commission (FTC) proposed a rule which would essentially render all non-compete clauses and agreements (NCAs) unenforceable against employees. On April 23, 2024, the FTC voted to approve the rule and published it in the Federal Register on May 7, 2024. The rule will go into effect one-hundre

By Paul F. Keneally, Esq. and Ryan T. Biesenbach, Esq. Several new employment law changes were included in the recently passed 2024 New...

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) published its long-awaited Enforcement Guidance on...

Congratulations to Paul F. Keneally, partner in the Firm’s Labor & Employment, Litigation, and Municipal Law practice groups, for being...

Labor & Employment partner, Paul F. Keneally, was recently interviewed by News10NBC about the firing of a manager of a local Big Lots who...