The Bottom Line New York employees have a (legal) duty of loyalty to their employers – under the state’s faithless servant doctrine, a court may require an employee to return compensation received from their employer during any period when the employee was disloyal. A recent decision by the Continue Reading
New York Legislation Provides Employees with Paid Leave for COVID-19 Vaccinations
Update Governor Andrew Cuomo signed the legislation described in this Alert on March 12, 2021. The Bottom Line New York’s Legislature recently passed a bill, which, if signed into law by Governor Andrew Cuomo, would temporarily amend the New York Labor Law to require New York employers Continue Reading
NYC Sick Time Law Amended to Align with New York State Law
Update as of October 28, 2020 The NYC Department of Consumer and Worker Protection (DCWP) has issued an updated ESSTA Notice of Employee Rights regarding safe and sick leave. All NYC employers should add this updated Notice to new hire onboarding materials. The DCWP has also confirmed Continue Reading
New York State Permanent Sick Leave Law Takes Effect on September 30, 2020
The Bottom Line Earlier this year, New York State enacted a statewide sick leave law that requires employers to provide paid sick/safe leave (NYPSL) to all employees. This legislation takes effect on September 30, 2020, which is when New York State employees will begin accruing NYPSL, although Continue Reading
Summer Camp Closures and Cancelled Enrichment Programs Allow Working Parents to Request Paid Leave from Covered Employers
The Bottom Line The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to allow an eligible employee to take paid leave to care for a child whose school or “place of care” is closed due to COVID-19 and no other suitable person is available to care Continue Reading
Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination
The Bottom Line On June 15, 2020, the Supreme Court issued a landmark decision in a L.G.B.T. civil rights case that is important for employers to note, as it is likely to apply broadly to gender-based policies in the workplace. In one of the three cases decided by the Supreme Continue Reading
OSHA Guidance Requires Certain Employers to Record “Work-Related” COVID-19 Cases
The Bottom Line The Occupational Safety and Health Administration (OSHA) recently issued new guidance on employers’ obligation to document COVID-19 cases in the workplace for OSHA recordkeeping purposes. Specifically, employers who are required to keep OSHA 300 logs are now required Continue Reading
IRS Provides Cafeteria Plans with Flexibility Due To COVID-19
The Bottom Line Employers are rightfully concerned that many of their employees are dealing with a host of serious financial issues caused by COVID-19. Employers have been further frustrated that Internal Revenue Service (IRS) rules have prevented them from relieving their employees’ stress by Continue Reading
Protective Covenant Considerations in the COVID-19 Era
The Bottom Line In the current economic environment, courts may be less willing to enforce broad protective covenants that restrict former employees from accepting new job opportunities.Now is the time for employers to take a hard look at their protective covenants and make sure that they are only Continue Reading
COVID-19: As Cases Continue to Spread, Will Court Cases Begin to Spread?
The Bottom Line When the calendar turned from 2019 to 2020 a mere four months ago, few could have imagined that a novel coronavirus (COVID-19) outbreak would soon disrupt societies across the globe and upend the lives of millions of people. While the coronavirus continues to spread across Continue Reading