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The FTC Announces Nationwide Ban on Non-Compete Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a new rule banning nationwide most non-compete agreements for workers....

Ryan T. Biesenbach
Apr 25, 20242 min read


U&K Attorneys Comment on Emerging Litigation Risks in Rochester Business Journal Article
Paul F. Keneally and Ryan T. Biesenbach, were featured in a recent article published in the Rochester Business Journal. The article, “How c

Underberg & Kessler
Mar 6, 20241 min read


The New “Freelance Isn’t Free Act” Could Be Expensive for Employers
Since the onset of the COVID-19 pandemic in 2020, the number of workers performing services as independent contractors in the United...

Underberg & Kessler
Jan 25, 20245 min read


Beware of Wrongly Classifying Workers as Independent Contractors
The United States Department of Labor has issued a final rule, effective March 11, 2024, governing the analysis of whether a worker is an...

Paul F. Keneally
Jan 16, 20241 min read


Wage Increases are Coming in 2024
Earlier this year, the New York State Legislature passed, and Governor Hochul signed, a minimum wage increase that will take effect...

Ryan T. Biesenbach
Dec 13, 20232 min read


Could Legislation Limiting Non-Compete Agreements Kick off a New Era of Workplace Disputes?
A mainstay of employment-based litigation – non-compete agreements – are on the proverbial chopping block. On June 20, 2023, the New York...

Ryan T. Biesenbach
Oct 5, 20234 min read


Governor Hochul Signs Labor Law Amendments Bolstering Employee Protections
On September 14, 2023, Governor Hochul signed into law two pieces of legislation that effectively amended the New York State Labor Law...

Ryan T. Biesenbach
Sep 18, 20233 min read


Monroe County Joins “Ban the Box” Movement
Joining many municipalities across New York State, including the cities of Albany and Rochester, and the Town of Brighton, Monroe County...

Paul F. Keneally
Aug 31, 20231 min read


Reminder: New York’s Wage Transparency Law Goes Into Effect September 17, 2023
As we previously advised, on June 3, 2022, the New York State Legislature passed Senate Bill 9427A/A.10477 – the Pay Transparency Law....

Ryan T. Biesenbach
Aug 24, 20231 min read


NLRB Adopts Stricter Standards for Employment Policies
In early August 2023, the National Labor Relations Board announced a revised, more restrictive legal standard to determine . . .

Ryan T. Biesenbach
Aug 23, 20231 min read


New Form I-9 and an Alternative Review Option
The USCIS recently published a notice to inform the public that the Employment Eligibility Verification Form has been updated . . .

Underberg & Kessler
Jul 31, 20233 min read


Ryan T. Biesenbach Appointed to Literacy Rochester Board of Directors
We are pleased to announce that Ryan T. Biesenbach has been appointed to serve on the Board of Directors of Literacy Rochester.

Underberg & Kessler
Jul 25, 20231 min read


REMINDER: Form I-9’s COVID-19-Related Accommodation Ending Soon
COVID-19-related accommodations concerning the review of a new hire’s Employment Eligibility Verification Form (“Form I-9”) . . .

Underberg & Kessler
Jul 20, 20232 min read


NLRB’s Views on Severance Agreements and Independent Contractor Definition Changes
The National Labor Relations Board (“NLRB”) recently found that certain common provisions of employer-provided severance agreements . . .

Paul F. Keneally
Jul 13, 20231 min read


Non-Competes Soon To Be No More in New York?
Restrictive covenants generally, and covenants not to compete in particular, have long been difficult to enforce in New York, under . . .

Paul F. Keneally
Jul 10, 20232 min read


Public Employees Must Be Aware of So-Called “First Amendment Audits”
In a recent trend, public employees across the country have found themselves the subject of live video and/or audio of them at work.

Paul F. Keneally
May 31, 20231 min read


Paul K. Keneally Named to 2023 Power 20 Labor & Employment Law List
Congratulations to Paul for being selected to The Daily Record's 2023 Power 20 Labor & Employment Law list for the second year in a row.

Underberg & Kessler
Apr 27, 20231 min read


NYS Releases Updated Model Sexual Harassment Prevention Policy and Training Resources
On April 11, 2023, the New York State Department of Labor released the State’s updated model Sexual Harassment Prevention Policy . . .

Ryan T. Biesenbach
Apr 19, 20232 min read


U.S. Supreme Court Ruling Clarifies Overtime Exemption for Highly Compensated Employees
In its recent decision in Helix Energy Solutions Group, Inc. v. Hewitt, the United States Supreme Court ruled that high compensation . . .

Paul F. Keneally
Apr 3, 20232 min read


Large NYS Employers with Warehouse Workers Must Follow New Law
Effective February 9, 2023, upon execution by Governor Hochul, the New York State Warehouse Worker Protection Act requires New York . . .

Paul F. Keneally
Mar 6, 20231 min read
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