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NON-UNION PUBLIC PROFILE EMPLOYEES NO LONGER CAN BE FORCED TO PAY UNION AGENCY FEES

Tuesday, July 10, 2018

For approximately 40 years, public sector employee unions could collect union “agency fees” from the paychecks of even those employees who chose not to join the union.  The premise was that even non-members benefitted from the contracts the unions negotiated with public entities, so should have to pay at least something for that benefit.  Many of the non-member employees objected because the unions at times took positions on political or other issues with which they disagreed, but were forced to pay to support.  The U.S.

Bereavement Leave Likely to Be Added to NY Paid Family Leave

Tuesday, June 26, 2018

The NYS Legislature has passed a bill which would add bereavement leave to the list of permissible reasons to take paid family leave.  The bill would allow employees to use paid family leave after the death of a family member.  It would also allow those who have already been using paid family leave to care for a family member to use any remaining time for bereavement.

New Guidance for Handbooks from NLRB

Monday, June 18, 2018

Earlier this month, the NLRB issued a guidance on employee handbook rules, which follows its landmark decision in The Boeing Company last December.  The Boeing case established a new standard when evaluating whether a work rule violates the law, and focused on the negative impact on the employees’ ability to exercise their rights and the policy’s connection to the employer’s right to maintain discipline and productivity in the workplace.  The guidance signals that the new General Counsel will take a more employer friendly approach than the Obama NLRB did in interpreting federal la

U.S. Supreme Court Ruling in Favor of Baker Refusing to Create Cake for Same-Sex Couple Does Not Change Law for Employers

Friday, June 08, 2018

In a narrow recent Decision, the U.S. Supreme Court held that the Colorado Civil Rights Commission illegally found against a baker who claimed his religious beliefs prevented him from creating a wedding cake for a same-sex couple.   The key was that the Commission allowed other bakers to refuse to create cakes that demeaned gays and same-sex marriages.

Don’t Forget About the Interactive Process in Reasonable Accommodation Requests

Monday, June 04, 2018

When an employee informs an employer he/she has a disability that requires accommodation, employers must remember that engaging in an interactive process with that employee is imperative.  It is not enough for an employer to simply provide what it believes is a reasonable accommodation.  The interactive process must be used to facilitate a conversation between employer and employee to determine the different reasonable accommodation possibilities.  They can then decide together what the best option will be for that employee, as long as that option is not an undue burden on the employer. 

Expected 2019 PFL Developments

Wednesday, May 09, 2018

As New York State employers continue to manage their first year of paid family leave (PFL) benefits available to employees in 2018 (8 weeks maximum), comments and predictions about what the Legislature might do for 2019 have emerged.  As expected, we have heard that the disability insurers who pay out the PFL benefits to eligible employees are indicating that the current amount withheld from employees’ pay to cover PFL benefits is insufficient. 

New Anti-Harassment Provisions for Employers

Thursday, April 26, 2018

This month, Governor Cuomo signed a new anti-harassment law, and it contains provisions for private and public employers related to sexual harassment in the workplace.

Effectively immediately, employees are protected from harassment not only by other employees, but also “non-employees,” which can include vendors, consultants, contractors, and others providing services pursuant to a contract. 

Legislators Seek to Curb After-Hours Work

Monday, April 09, 2018

As reported recently by the Associated Press, a New York City Council member, perhaps influenced by a recent French law, has proposed legislation to allow some employees the right to ignore after-hours communications from employers. The proposal would apply to NYC employers with 10 or more employees, and would prohibit them from requiring employees to respond to or act on after-hours telephone calls, texts, emails etc. that are not emergencies, or discipline them for failing to do so.  It would not bar employers from sending such emails, and employees could respond if they so choose.

PFL Deductions Regulation Clarified

Thursday, March 29, 2018

A new regulation clarifies how deductions can be made from employee paychecks to fund New York’s Paid Family Leave program. 

Until this month, the general understanding was that a maximum of 0.126% of New York State Average Weekly Wage paycheck could be deducted from employees’ weekly wages.  That meant any deductions were capped at $1.65 a week.

Proposed Legislation: The Sunlight in Workplace Harassment Act

Monday, March 19, 2018

In another attempt to stem sexual harassment in the workplace, legislation proposed in both the House and the Senate at the end of last month would require publicly traded companies to report information related to harassment or discrimination settlements and complaints in their SEC filings.  So far the measure lacks bipartisan support, but this latest proposed legislation is further evidence that workplace harassment and discrimination has lawmakers’ attention and will for a long time to come. 

Governmental Affairs
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Please e-mail your U.S. Senators and urge them to support the Employment Verification Amendment! The Senate is currently considering its immigration ...

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Republicans in the House of Representatives, led by Representative Martha Roby (R-AL), yesterday introduced the Working Families Flexibility Act of 20...

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Frank Cania and Paul Keneally have prepared an in depth guide for employers to help navigate the New York Corrections Law, Article 23-A, requirements....

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  YOUR ASSISTANCE IS NEEDED! Please e-mail your senators to OPPOSE S. 3220 <http://msg.shrm.org/site/R?i=MTjvtqw_LsVHXyHx4E3oZw> because i...

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YOUR ASSISTANCE IS NEEDED!  The NLRB's imbalanced "quick election" rule is scheduled to take effect on April 30, 2012. The congressional resoluti...

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Federal Legislative Action Alert YOUR ASSISTANCE IS NEEDED!  Save Employer Provided Education Assistance! Please email or write your representat...

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Federal Legislative Action Alert YOUR ASSISTANCE IS NEEDED!  Please e-mail your U.S. senators and representative and ask them to co-sponsor the ...

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Senator Bill Sampson has provided this summary of a new bill that he introduced to lessen the impact of the Wage Theft Prevention Act's notice require...

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Federal Legislative Action Alert YOUR ASSISTANCE IS NEEDED!  Please CALL your representative and ask him/her to co-sponsor the Neal/Gerlach...

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Federal Legislative Action Alert YOUR ASSISTANCE IS NEEDED!  Please email your representative and ask him/her to co-sponsor the Neal/Gerlach Hou...

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Federal Legislative Action Alert - REMINDER! YOUR ASSISTANCE IS NEEDED!  Last week you received an alert regarding Representatives Richard Ne...

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Frank Cania, CEO of CaniaHR LLC and president of the Genesee Valley Chapter of the Society for Human Resource Management, and Paul Kennealy, Esq....

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Underberg & Kessler LLP attorney Elizabeth Cordello comments on the Marriage Equality Act and whether private businesses can discriminate or deny ...

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Underberg & Kessler LLP partner Paul Keneally comments on issues facing business people involved in a lawsuit over the loss of an employee, an...

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A new statute set to take effect on April 9, 2011, New York's "Wage Theft Prevention Act", requires that employers provide significantly more information to employees regarding wages or risk facing increased civil, and in some cases criminal, penalties.

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http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/201012090500/NEWS01/12090336
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New York State has passed a Domestic Workers Bill of Rights which amends New York Labor Law and provides extensive protection to domestic workers.  The law goes into effect on November 29, 2010.  Please click on the link for further information.

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Shared Work is a voluntary program that provides employers facing a temporary decline in business with an alternative to layoffs. Rather than laying off a percentage of the work force to cut costs, an employer can reduce the hours and wages of all or a particular group of employees. The employees whose hours and wages are reduced can receive partial unemployment insurance benefits to supplement their lost wages.

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15
Below please find a special invitation to the 2010 HR Legislative Conference on April 20, 2010 in Albany. If you have any questions, please contact GV...

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Below please find an interesting article about a case finding for an employer where the employee was an alcoholic with attendance problems. This thorn...

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Once again the COBRA subsidy and unemployment benefit rules have been extended. If you have any questions please contact GVCSHRM Legislative Represent...

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Below you will see the testimony of employment defense attorney Jane M. McFetridge, Esq. to the U.S. Senate regarding the proposed Paycheck Fairness A...

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Monroe JSEC Presents: Investigating Sexual Harassment & Other Employment Claims When: Wednesday, April 28, 2010 Registration and refreshmen...

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Second Circuit Rules Reasonable Accommodation Must Be Provided, Even if Not Requested by Employee Under the Americans with Disabilities Act of 1990...

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