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Government Shutdown Continues to Affect Employers

Tuesday, January 15, 2019

As the government shutdown persists, private employers continue to be affected.  As we discussed earlier this month, E-Verify remains shut down.  Employers must continue to manually verify eligibility through the use of I-9 forms.  In addition, the EEOC is mostly shut down, other than a relatively small number of employees still in place to receive new charges so potential charging parties don’t miss the statute of limitations.  Federal courts remain open, but cases involving the federal government are stayed and court staff is reduced. The US Small Business Association is also on furlough

Federal Government Shutdown Fallout: How Should Employers Who Use E-Verify Handle The System Being Down

Monday, January 07, 2019

Employers who use E-Verify to comply with their I-9 obligations have not had access to the system since December 22, 2018.  Crucially, however, those I-9 obligations do not cease just because the E-Verify system is down.  Thus, employers are advised to carefully examine new employees’ I-9 documents and complete I-9 sections 1 (by first day) and 2 (by third day) now, and then comply with the E-Verify 3-Day Rule as directed by the Division of Homeland Security (DHS) E-Verify website once it is back online. 

Cuomo Vetoes Addition of Bereavement Leave to Paid Family Leave

Wednesday, January 02, 2019

Governor Cuomo vetoed the bill we described in our last post that would have added bereavement leave to the list of acceptable reasons to take NY Paid Family Leave.  Cuomo indicated that he generally supports increased bereavement leave but felt that the bill, as written, would lead to an “extreme expansion” of Paid Family Leave.  Cuomo argued the bill would necessitate an increase in employee contributions, and felt the financial burden of increased contributions might be too much for some low-wage and middle-class workers. 

Bereavement Leave Could Soon Be Additional Basis for Paid Family Leave

Friday, December 21, 2018

In June, we wrote about the New York State Legislature passing legislation that would add bereavement to the list of reasons employees can take Paid Family Leave.  That legislation reached Governor Cuomo’s desk yesterday and is awaiting approval.  He has ten days total to approve or veto the legislation. 

Many businesses oppose the additional bases upon which employees can take Paid Family Leave, arguing it can amount to an undue burden on employers.  We will post an update once Governor Cuomo makes his decision. 

NLRB Extends Comment Period for Joint Employer Rule

Monday, December 17, 2018

Last week, the NLRB extended it’s deadline to January 13, 2019,  for public comment on its’ proposed joint employer rule.  The proposal dials back the Obama-era rule that made it easier for employees to establish a joint employer relationship between two or more employers.  We strongly encourage employers that use staffing agencies or temporary employees, franchisors or franchisees, and those that use independent contractors to submit comments by the deadline. 

THE WRONG WAY TO ATTEMPT TO AVOID SEXUAL HARASSMENT CLAIMS

Monday, December 10, 2018

As a natural reaction to the media coverage of the “me too” movement and the New York State anti-sexual regulations it spawned, discussion of the issue may well be at an all-time high. To the extent these discussions are focused on best practices to prevent sexual harassment and thereby avoid sexual harassment claims, they will generally be a great benefit to employers.

New Federal Overtime Rules Expected in 2019

Monday, November 26, 2018

We all remember the planned 2016 changes to federal overtime laws.  Employers put a lot of time into ensuring they were prepared and their employees were properly classified before the changes were halted by a judge in late 2016.

New York Expands Paid Family Leave

Tuesday, November 20, 2018

Earlier this month, Governor Andrew Cuomo signed into law the Living Donor Protection Act.  The law protects living organ donors from discrimination based on their status as an organ donor. It also clarifies that New York Paid Family Leave will cover leave for transplant preparation and recovery from surgery for organ and tissue donation. 

New York Paid Family Leave appears to be expanding in its scope. As always, reach out to employment counsel with any questions you have on NYPFL.

NEW NLRB POLICY TO AID MEMBERS SEEKING TO BRING CLAIMS AGAINST THEIR UNIONS

Saturday, November 10, 2018

Labor union members have been forced for many years to prove bad faith interest when seeking to make claims against their own unions for failure to represent them properly.  That has now changed based on an October 24, 2018 Memorandum from General Counsel, Peter Robb (Trump appointee) of the National Labor Relations Boards (NLRB – the federal labor law enforcement agency).  Claims of negligence against unions will now be easier because the union will be presumptively liable if workers’ grievances are not properly processed. 

Federal Government Changes Position on Protection for Transgender Workers

Monday, October 29, 2018

Last week, the Department of Justice submitted a brief to the United States Supreme Court arguing that Title VII does not prohibit discrimination against transgender employees. The DOJ argued that the protection against “sex” discrimination does not apply to gender identity.  Importantly, the Equal Employment Opportunity Commission has not changed its position accordingly, and therefore the EEOC still considers transgender employees to be protected from discrimination. 

Governmental Affairs

Entries for 'Matt Miller'

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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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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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