Considerations for NY Employers as Election Day Approaches
The November 8 midterm elections are quickly approaching. Now is the time for New York employers to take the necessary steps to ensure compliance with federal, state, and local law requirements that relate to voting rights and political activity. This is also the time to review your organization’s existing policies and practices. Below are some legal requirements New York businesses may want...Read MoreHR & Recruitment Efforts – Recent Development in Wage Transparency for Westchester County Employers
Wage transparency requirements for job postings are coming to Westchester County. Starting November 6, 2022, a new Westchester County law takes effect, requiring employers to provide a minimum or maximum salary for any job, promotion, or transfer opportunity in the posting or advertisement for the position. This law serves as an amendment to the local Westchester Human Rights law. The law...Read MoreNew York City’s Law Imposing Restrictions on the Use of Artificial Intelligence – What Employers Need to Know
Beginning January 1, 2023, New York City employers and employment agencies utilizing artificial intelligence (AI), and automated employment decision tools for hiring purposes or in discretionary employment decisions will be required to comply with new obligations. New York City Council passed the bill in November 2021, and the bill became law on December 10, 2021, Local Law Int. No. 144. The...Read MoreLegal Standing Is a Threshold that Must Be Determined by the Courts
In a recent Rockland County Business Journal piece, Bleakley Platt attorneys Lino Sciarretta and Daniel Fix look at a recent appellate court case concerning a Town of Greenburgh, NY zoning dispute and what it reveals about the role of the Courts in determining legal standing. Click here, to read their article in full. Read MoreMonkeypox and Employment Law: Legal Considerations for New York Employers
On August 4, 2022, President Biden declared a national public health emergency in response to the ongoing monkeypox outbreak. The announcement follows New York and other states having declared emergencies in the days prior. Already weary from the Covid-19 pandemic, New York employers now have to navigate the possibility of monkeypox spreading in their workplaces, as well as manage their...Read MoreOMIG’s Proposed Regulations Could Require Substantial Changes to Medicaid Providers’ Compliance Programs
Medicaid enrolled health care providers in New York should be aware that on July 13, 2022, the New York Office of Medicaid Inspector General (“OMIG”) published proposed regulations that would substantially alter the compliance program requirements for all Medicaid enrolled health care providers and Medicaid managed care organizations (“MMCO”) and codify OMIG’s self-disclosure program. The...Read MoreRemote Work: Laws NY Employers with Out-of-State Workers Must Consider
Remote work is here to stay. According to Forbes, 61% of employees preferred working in a fully remote setting. 97% of employees also preferred to maintain flexibility between remote and office work (Click here, to read the article). The modern employee can work from nearly anywhere for a company across the country or on the other side of the world. This has led some companies to experiment...Read MoreEmployers Should Evaluate Self-Insured Health Plans for Employees in States Banning Abortions After Supreme Court’s Decision in Dobbs v. Jackson Women’s Health Organization
Background On June 24, 2022, Dobbs v. Jackson Women’s Health Organization, No. 19-1392, 597 U.S. ___ (2022) was decided by the United States Supreme Court upholding the Mississippi law banning abortions after 15 weeks of gestation. The decision was sweeping, overturning Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 and Roe v. Wade, 410 U.S. 113, to hold that the United States...Read MoreSalary Transparency and Legal Ramifications for New York City Businesses
The New York City Council recently passed Local Law 32, a salary transparency law, which amends the New York City Human Rights Law to require employers to list the minimum and maximum salary range when publicizing new positions. The law applies not only when advertising a job in public media, but also in internal postings regarding promotion or transfer opportunities. The effective date of the...Read MoreU.S. Supreme Court Eliminates the Requirement of Prejudice In Determining Whether Arbitration Rights Have Been Waived
For more than 50 years, federal courts have held that a litigant in a pending lawsuit must show prejudice in order defeat an opposing party’s invocation of its contractual right to arbitration. Recently, in Morgan v. Sundance, Inc., the U.S. Supreme Court rejected the requirement that prejudice be demonstrated by a party resisting arbitration, and in doing so fundamentally altered the test for...Read MoreWhat Employers Need to Know about New York’s Employee Monitoring Law
In accordance with new Section 52-c of the New York Civil Rights Law, which went into effect on May 7, 2022, New York employers must now notify their employees if they are electronically monitoring workers’ phones, emails, and internet access or usage. The new law mandates that all private employers must provide notice of their electronic monitoring practices to new employees upon hiring and...Read More