NLRB Issues Final Joint Employer Rule Read More.

Regulatory Amendments Related to Student Discipline and Aversive Techniques Read More.

On October 10, 2023, the New York State Department of Education’s Office of Counsel issued a new Formal Opinion regarding alternative instruction for public and approved nonpublic school students serving out of school suspensions. In its Formal Opinion, the Office of Counsel emphasized that racial disparities in student discipline rates in New York State remain and that LGBTQIA+ students are also more likely to experience… Read More.

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On November 8, 2021, Governor Katchy Hochul signed into a law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. Read More.

The question of whether COVID-19 falls under the Americans With Disabilities Act’s definition of disability (defined as a physical or mental impairment that substantially limits a major life activity, or a history of a substantially limiting impairment; generally not including short-term or transitory conditions) is still an open issue, but this fact does not mean that employers are not required to engage in a cooperative… Read More.

For many employers in New York State, the move to virtual workplaces due to the COVID-19 pandemic has created all sorts of new responsibilities and issues to manage. One issue that should not get lost in the shuffle is the responsibility to continue to comply with the expanded sexual harassment responsibilities that were mandated throughout the state in 2018. That expansion of the sexual harassment laws in New York… Read More.

UPDATE: On May 13, 2020, the SBA released new guidance, via FAQ #46, on how it will evaluate a borrower’s good-faith certification regarding the economic necessity of its loan request. The SBA, in consultation with the U.S. Department of the Treasury, determined that any borrower, together with its affiliates, which receives a PPP loan with an original principal amount of less than $2 million “will be deemed to have made… Read More.

On May 6, 2020, the U.S. Small Business Administration (“SBA”) announced an extension of the deadline to return any loan received under the Paycheck Protection Program (“PPP”). Previous SBA guidance and regulations had provided that applicants who applied for PPP loans prior to April 24, 2020 had until May 7, 2020 to return the loan in full in order to be deemed to have made the required economic necessity certification… Read More.

After initially passing temporary sick leave protection for workers affected by COVID-19 in March, the New York State Legislature followed those temporary and limited protections with the passage of mandatory sick leave for workers throughout the state through an amendment to the New York Labor Law, signed into law by governor Cuomo on April 4, 2020. The new law mandates that all employers in New York State provide at… Read More.