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New York Bans Racial Discrimination Based On Hair Texture Or Style

Monday, July 15, 2019

Both the New York State Human Rights Law and Dignity for All Students Act were expanded last Friday to ban race discrimination based on “natural hair or hairstyles,” including, but not limited to, “braids, locks and twists.”  The law, called the CROWN (Creating a Respectful and Open World for Natural Hair) Act, takes effect immediately.

New Employee Wage Lien Law Expected Shortly

Tuesday, July 09, 2019

New York State Governor Cuomo is expected to sign a bill granting employees and former employees the power to lien real and personal property owned by their (broadly defined) employers based on their mere allegation of a wage claim. Entity and individual business owners, as well as managers, executives, supervisors and human resources professionals who control the terms and conditions of employment, and thus also considered employers, could face these liens under the law which will be effective 30 days after signed by the Governor.

New York State’s Anti-Harassment Laws Greatly Expanded

Tuesday, June 25, 2019

The NYS Legislature recently approved changes to the state’s discrimination and harassment laws. Governor Cuomo has indicated that he intends to sign the legislation. Among the major changes are the following:

Federal DOL Proposes Changes/Clarifications to the Definition of "Regular Rate" under the FLSA

Tuesday, June 11, 2019

The determination of the regular rate of pay for employees who are non-exempt under the Fair Labor Standards Act (“FLSA”) and, therefore, eligible for time-and-one-half overtime pay for all hours worked over forty (40) in a week is a crucial and sometimes complicated one for employers under current law.

Employee Paid Time Off to Vote Law Changes in New York

Monday, May 06, 2019

As part of the New York fiscal year 2020 budget announced April 1, 2019, Election Law Section 3-110 was immediately amended to allow workers to take up to three hours off of work, without loss of pay, in order to vote in any election.  In a significant change from the prior law, the employee need not establish insufficient time to vote during off hours in order to take advantage of voting leave (previously, most employees were not able to show insufficient off hour time). However, nothing in the law entitles employees to more time than needed to vote.

Supreme Court to Review LGBTQ Discrimination

Monday, April 29, 2019

Last week the Supreme Court accepted three cases that ask whether federal anti-discrimination laws protect LGBT people from job discrimination.  There is disagreement in lower Federal Courts regarding whether sexual orientation and gender identity are included in Title VII’s prohibition of discrimination based on race, color, religion, sex and national origin. 

EEOC Discrimination Charges Fall

Tuesday, April 16, 2019

In 2018, fewer discrimination charges were filed with the Equal Employment Opportunity Commission than in any other year in the last decade. In fact, 8,000 fewer charges were filed last year than in 2017. This may seem surprising, given the #MeToo movement, but there are a myriad of reasons why the numbers may be falling.

New York Draws Closer to Legalizing Marijuana: How Employers Should Prepare

Thursday, April 04, 2019

The trend to legalize marijuana continues.  Governor Andrew Cuomo recently announced his intention for New York to be one of the next states to legalize marijuana.  While his initial timeline has met some resistance and will not coincide with the State’s annual budget, which was due April 1, it appears New York could legalize recreational marijuana in the very near future.  Governor Cuomo’s proposed legislation – Cannabis Regulation and Taxation Act - would create an office of Cannabis Management to oversee cultivation, processing, distribution, sale and adult use of marijuana for recreational purposes. 

United States Department of Labor Issues New Opinion Letters - Part 3

Monday, March 25, 2019

The third opinion letter issued by the US Department of Labor on March 14 addressed a New York law that contradicted federal overtime laws. The opinion addresses employees who work for a New York real estate company as live-in janitors (“supers”) to maintain their rental buildings.  New York law exempts these workers from minimum wage and overtime law, while the Fair Labor Standards Act does not. The DOL said these workers are not exempt from federal minimum wage and overtime requirements because the federal law does not contain those exemptions. 

United States Department of Labor Issues New Opinion Letters - Part 2

Wednesday, March 20, 2019

Another notable opinion from the U.S. Department of Labor letters issued on March 14 is that workers are not required to be paid for community service they perform through an employer program unless they are forced into volunteering. An employer submitted a question to the DOL asking if it had to compensate employees who are allowed to pick their own or employer sponsored volunteer activities.  The employer pays them for activities that occur during the work day or on the employer’s premises, but much of the volunteer time falls outside of working hours. 

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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11
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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24
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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08
Federal Legislative Action Alert YOUR ASSISTANCE IS NEEDED!  Save Employer Provided Education Assistance! Please email or write your representat...

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08
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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06
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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03
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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15
Federal Legislative Action Alert - REMINDER! YOUR ASSISTANCE IS NEEDED!  Last week you received an alert regarding Representatives Richard Ne...

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12
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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12
Underberg & Kessler LLP attorney Elizabeth Cordello comments on the Marriage Equality Act and whether private businesses can discriminate or deny ...

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02
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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17

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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21
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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14
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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13
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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12
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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11
Monroe JSEC Presents: Investigating Sexual Harassment & Other Employment Claims When: Wednesday, April 28, 2010 Registration and refreshmen...

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10
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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