In a prior post, we discussed the Hero Act, which requires all employers in New York State to adopt a prevention plan to protect against further spread of COVID-19 and other airborne infectious diseases in the workplace.  On July 6, 2021, the New York Department of Labor published a general airborne infectious disease exposure prevention … Read more

As a result of the COVID-19 pandemic, many employers are allowing employees to continue to work from home some or all of the workweek.  Employers who choose to do so need to be mindful of the U.S. Department of Labor’s continuous workday rule. The continuous workday rule was implemented in 1947 and generally provides that … Read more

On June 15, 2021, Governor Cuomo announced that COVID-19 restrictions were immediately lifted and the New York Forward industry specific guidelines, which address social gathering limits, capacity restrictions, social distancing, cleaning and disinfection, health screening, and contact information for tracing, would now be optional in the following settings: retail, food services, offices, fitness centers, entertainment/amusement … Read more

This post is part of a new series that specifically discusses employment law issues for startups and small businesses operating in New York State and New York City. A common misconception is that employees who receive a salary (as opposed to an hourly wage) are not entitled to overtime pay.  The reality is that salaried … Read more

This post is part of a new series that specifically discusses employment law issues for startups and small businesses operating in New York State and New York City. It’s been almost ten years since the Wage Theft Prevention Act (WTPA) took effect in the State of New York, but many employers still don’t provide the … Read more

Under the American Rescue Plan Act of 2021 (ARPA), which was signed into law on March 11, 2021, employers must provide a 100% subsidy to eligible employees to cover their COBRA premiums between April 1 and September 30 of this year.  Employers will pay the full cost of the premiums and then obtain reimbursement through … Read more

This post is part of a new series that specifically discusses employment law issues for startups and small businesses operating in New York State and New York City. The hiring process is fraught with liability risks for the unassuming employer.  Certain inquiries and requirements are flat out no-no’s.  With protections increasing for job applicants, it’s … Read more

This post is part of a new series that specifically discusses employment law issues for startups and small businesses operating in New York State and New York City. The hiring process is fraught with liability risks for the unassuming employer.  Certain inquiries and requirements are flat out no-no’s.  With protections increasing for job applicants, it’s … Read more

The coronavirus pandemic has forced many employers to embrace the concept of remote work where they might not otherwise have done so before.  Many of those employers are now converts, abandoning or downsizing their brick-and-mortar office space in exchange for more remote workers. The appeal is not surprising.  Remote work provides a means by which … Read more

Employers who want to recruit for a more diverse workforce must do so carefully and in a manner that does not run afoul of the law. For example, an employer cannot agree to only interview candidates with certain characteristics, such as transgender and gender non-conforming people.  Nor can it advertise that “only transgender and gender … Read more