ARTICLES & POSTS

In early January 2026, the U.S. Environmental Protection Agency (EPA) submitted a draft final rule to the Trump administration for review that would repeal what is commonly known as the “endangerment finding” for greenhouse gases under the federal Clean Air Act. While the rule is not yet final, the submission marks a significant legal development with broad implications for environmental regulation, industry, and state and local governments, including New York. To understand

Severe winter storms, flooding, and other inclement weather events routinely disrupt business operations across New York State. While closing early or sending employees home may feel like a straightforward operational decision, weather-related disruptions can trigger a surprising number of legal obligations under both federal and New York law. Employers that do not plan ahead risk costly payroll errors, wage claims, or compliance issues. The following is a brief overview of s

For decades, New York State law treated manufactured homes differently from a single-family homes. Although many manufactured homes function as permanent dwellings, they were historically classified as personal property and regulated under the Vehicle and Traffic Law. Like automobiles, these homes were titled through the Department of Motor Vehicles (DMV) rather than recorded in county land records. This legal distinction limited how manufactured homes could be financed, tran

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 “

Underberg & Kessler LLP, a full-service law firm based in Rochester with offices in Buffalo, Canandaigua, and Geneseo, proudly marks its 100th anniversary in 2026. For a century, the firm has delivered comprehensive, client-focused legal services to businesses, municipalities, not-for-profit organizations, and individuals throughout Rochester, Western New York, and across New York State. Union Trust Building in Rochester, NY The firm’s origins trace back to 1926, when respect

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

In Part 3 of our SEQRA Step-By-Step series, we explained how to complete the Environmental Assessment Form (EAF), an essential tool for evaluating potential environmental impacts. In this installment, we move to the next major phases of the SEQRA process: coordinated review and determining significance. These steps determine how multiple agencies work together and whether an Environmental Impact Statement (EIS) will be required. Coordinated Review Under SEQRA Coordinated revi

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

Q. Opioid abuse by patients continues to be a serious concern, which our practice works diligently to address while treating our patients. When covering for a colleague who is on vacation, am I permitted to issue prescriptions for opioids to their patients? A: Yes. An authorized practitioner who is covering for a colleague who is temporarily unavailable can prescribe a controlled substance to their patients if certain criteria are met. In response to the public health crisis

On October 24, 2025, the New York State Department of Environmental Conservation (DEC) was directed by the Albany County Supreme Court in the case Citizen Action of New York et al v. New York State Department of Environmental Conservation  (Index No. 903160-25, NYSCEF Doc. No. 93) to promulgate final regulations implementing the emissions-reduction mandates of the Climate Leadership and Community Protection Act (CLCPA). The court gave DEC until February 6, 2026, to complete t

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

We are pleased to announce that the Firm has been recognized for professional excellence in multiple practice areas in the 2026 edition of Best Law Firms . The Best Law Firms rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and a review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking in a pa

In Part 2 of our SEQRA Step-by-Step series, we discussed the first procedural step once you determine that SEQRA applies —classifying the action. In this installment, we move to the next step: completing the Environmental Assessment Form (EAF). The type of EAF required depends on how the action is classified. Understanding which form to use, and how to complete it, is essential to complying with SEQRA and keeping the review process on track. Type I Actions As discussed in the

We are proud to announce that fourteen attorneys were selected for inclusion in the 2025 Upstate New York Super Lawyers list and three attorneys were recognized in the 2025 Upstate New York Rising Stars list. Super Lawyers recognizes the top attorneys nationwide and across a variety of practice areas and firm sizes. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only 5% of attorneys are selected to the Super Lawyers list and jus

When New Yorkers went to the polls in November 2021, more than 70% voted in favor of adding a new environmental right to the State...

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...

Q: What is digital health and what are some benefits for my practice? A: Digital health includes the use of various electronic...

Recently, our firm evaluated the Artificial Intelligence (AI) assisted tools offered by Lexis and Thomson Reuters Westlaw and the...

In Part 1 of our SEQRA Step-by-Step series, we explored the purpose of the New York State Environmental Quality Review Act (SEQRA) and...

We are pleased to announce that Joshua B. Beisker  has been named to the 2025 Rochester Business Journal  and The Daily Record  Trusts...