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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


Fifteen U&K Attorneys Named to the 2024 Upstate New York Super Lawyers and Rising Stars Lists
We are proud to announce that thirteen attorneys were recently selected for inclusion in the 2024 Upstate New York Super Lawyers list and...

Underberg & Kessler
Aug 22, 20241 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


Quiet Roll Out of the “5% Retainage Amendment”
Without much publicity, back in November 2023 New York State Governor Kathy Hochul signed Senate Bill S3539, which amended two...

Kate Karl
Jun 18, 20243 min read


Advocacy Matters
In a time of divided politics and policy, advocacy stands as a critical tool for communicating ideas, shaping legislation and driving...
David M. Tang
May 31, 20246 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


EPA Finalizes New Vehicle Emission Rules to Mandate Electric Vehicles
If you like your gas-powered car or truck, you cannot keep it according to the Biden Administration’s final Clean Air Act vehicle...

George S. Van Nest
May 21, 20245 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


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


How Can You Mend a Broken Heart? The Constructive Trust
As a commercial litigator for over 35 years, I have seen countless scenarios in which people who were once intimate business associates...

Thomas F. Knab
Mar 19, 20245 min read


Andrew M. Washburn Featured in RBJ Article on New York’s All-Electric Buildings
In a recent article published in the Rochester Business Journal, Underberg & Kessler real estate and commercial lending attorney, Andrew...

Underberg & Kessler
Mar 11, 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


Ask An Attorney: Cybersecurity Challenges for Medical Providers
With the proliferation of electronic health records, medical providers are facing new challenges in the form of phishing and ransomware...

Ericka B. Elliott
Feb 15, 20244 min read


New NYS Law to Clarify Disclosure of Credit Card Surcharges Takes Effect
The new consumer protection law that amends and clarifies New York’s existing credit card surcharge law (NYS GBS § 518) went into effect...

Underberg & Kessler
Feb 12, 20242 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
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