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Major Changes to the New York State Division of Human Rights Complaint Filing Process
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

Ryan T. Biesenbach
Nov 122 min read


Navigating the Patchwork of Pregnancy and Postpartum Protections
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

Ryan T. Biesenbach
Oct 234 min read


What NYS Employers Should Know Before Terminating an Employee on Short-Term Disability
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...

Paul F. Keneally
Sep 83 min read


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

Underberg & Kessler
Aug 82 min read


No Tax on Some Tips and Overtime Adds Burden for Employers
On July 4, 2025, President Trump signed H.R. 1, the “One Big Beautiful Bill Act” (OBBBA) into law. Among other provisions, the OBBBA...

Paul F. Keneally
Aug 43 min read


The Increase to NYS Juror Pay: What Employers Need to Know
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.

Ryan T. Biesenbach
Jun 192 min read


Employment Law Updates: What New York Employers Need to Know Heading into 2025
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
Dec 10, 20244 min read


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

Underberg & Kessler
Nov 25, 20241 min read


New York State Retail Worker Safety Act to Take Effect in 2025
Beginning June 2, 2025, certain New York State retailers selling “consumer commodities” with ten (10) or more employees will be required...

Paul F. Keneally
Oct 17, 20242 min read


Employers — Don’t Forget That NYS Law Allows Time off to Vote
The 2024 elections are just weeks away on November 5, 2024. As we’ve previously reported , employers across New York are still required...

Ryan T. Biesenbach
Oct 9, 20242 min read


Non-Compete Agreements Face an Uncertain Future in New York
Businesses in New York, both big and small, have long utilized non-compete agreements and related restrictive covenants to prevent...

Colin D. Ramsey
Oct 3, 20244 min read


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

Underberg & Kessler
Sep 11, 20242 min read


Ask An Attorney: FTC’s Proposed Rule on Non-Compete Agreements in Health Care
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...

Tyler J. Wilson
Aug 16, 20243 min read


Key Employment Law Updates from the 2024 New York Legislative Session
By Paul F. Keneally, Esq. and Ryan T. Biesenbach, Esq. Several new employment law changes were included in the recently passed 2024 New...

Underberg & Kessler
Jul 31, 20245 min read


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

Ryan T. Biesenbach
Jul 29, 20246 min read


Paul F. Keneally Honored by Literacy Rochester with Visionary Award
Congratulations to Paul F. Keneally, partner in the Firm’s Labor & Employment, Litigation, and Municipal Law practice groups, for being...

Underberg & Kessler
Jul 18, 20242 min read


Paul F. Keneally Shares Insight on Local Manager Fired Over Shoplifter
Labor & Employment partner, Paul F. Keneally, was recently interviewed by News10NBC about the firing of a manager of a local Big Lots who...

Underberg & Kessler
Jun 12, 20241 min read


Unanimous Ruling Requires Courts to Stay, Not Dismiss Cases That Are Subject to Arbitration
The United States Supreme Court ruled unanimously earlier this month in an employment misclassification case (Smith v. Spizzirri, U.S.,...

Jennifer A. Shoemaker
May 22, 20244 min read


New Employer Obligations in NYS: Paid Breaks for the Expression of Breast Milk and Paid Prenatal Care Leave
The New York State Budget was passed in late April 2024 and includes new duties for employers regarding employees expressing breast milk...

Paul F. Keneally
May 3, 20242 min read


NYS COVID-19 Paid Sick Leave Ending July 31, 2025
Governor Kathy Hochul approved the Fiscal Year 2025 New York State Budget on April 20, 2024. One of the key budget components impacting...

Paul F. Keneally
Apr 26, 20242 min read
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