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New York Draws Closer to Legalizing Marijuana: How Employers Should Prepare
The trend to legalize marijuana continues. Governor Andrew Cuomo recently announced his intention for New York to be one of the next sta...

Jessie Gregorio
Apr 4, 20191 min read


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
Mar 29, 20193 min read


United States Department of Labor Issues New Opinion Letters - Part 3
The third opinion letter issued by the US Department of Labor on March 14 addressed a New York law that contradicted federal overtime law...

Jennifer A. Shoemaker
Mar 25, 20191 min read


United States Department of Labor Issues New Opinion Letters - Part 2
Another notable opinion from the U.S. Department of Labor letters issued on March 14 is that workers are not required to be paid for comm...

Jennifer A. Shoemaker
Mar 20, 20191 min read


United States Department Of Labor Issues New Opinion Letters
Yesterday, the U.S. Department of Labor (DOL) issued three opinion letters. This is the first of a series of blog posts addressing the le...

Jennifer A. Shoemaker
Mar 15, 20191 min read


That Free Lunch May Be Taxable
On June 25, we wrote about new anti-harassment legislation that we expected Governor Cuomo to sign into law. On August 12, he did, in fa...

Jillian K. Farrar
Mar 6, 20191 min read


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
Feb 28, 20191 min read


NLRB Narrows Standard for "Protected Activity"
Another recent NLRB decision narrows the standard for what constitutes protected activity. In that case, a manager asked a group of airpo...

Jennifer A. Shoemaker
Feb 18, 20191 min read


New York Passes Transgender Anti-Discrimination Law
On January 15, 2019, the New York Legislature passed a bill that protects transgender people from discrimination and adds gender identity...

Jessie Gregorio
Jan 24, 20191 min read


Government Shutdown Continues to Affect Employers
As the government shutdown persists, private employers continue to be affected. As we discussed earlier this month, E-Verify remains shu...

Jennifer A. Shoemaker
Jan 15, 20191 min read


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
Jan 7, 20191 min read


Cuomo Vetoes Addition of Bereavement Leave to Paid Family Leave
Governor Cuomo vetoed the bill we described in our last post that would have added bereavement leave to the list of acceptable reasons to...

Underberg & Kessler
Jan 2, 20191 min read


New Federal Overtime Rules Expected in 2019
We all remember the planned 2016 changes to federal overtime laws. Employers put a lot of time into ensuring they were prepared and thei...

Underberg & Kessler
Nov 26, 20181 min read


Changes to Taylor Law
This year, Governor Cuomo signed a law making changes to the Taylor Law to strengthen public unions. The Taylor Law, officially the Publ...

Underberg & Kessler
Jul 27, 20182 min read


Recent Supreme Court Decisions Affecting the Labor & Employment Practice Area
The Supreme Court recently handed down some significant decisions in the labor and employment field. These decisions represent a trend of...

Underberg & Kessler
Jul 17, 20183 min read


Bereavement Leave Likely to be Added to NY Paid Family Leave
The NYS Legislature has passed a bill which would add bereavement leave to the list of permissible reasons to take paid family leave. Th...

Underberg & Kessler
Jun 26, 20181 min read


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
May 9, 20181 min read


Second Circuit Holds that Sexual Orientation Discrimination is Sex Discrimination Under Title VII
On February 26, 2018, the United States Court of Appeals for the Second Circuit overruled its own precedent and became only the second Co...

Jennifer A. Shoemaker
Mar 19, 20183 min read


DOL Issues New Guidelines for Unpaid Internships
Recently, we’ve been warning employers that in order to have a legally compliant unpaid internship available, certain specific conditions...

Underberg & Kessler
Jan 29, 20182 min read


New Regulations Proposed for On-Call Workers
Employment laws might get tougher for employers in businesses that call workers in at the last minute. Around the holidays, it is especia...

Jennifer A. Shoemaker
Nov 20, 20171 min read
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