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Tips on Complying with New York’s Sexual Harassment Prevention Rules

Wednesday, April 14th, 2021

As sexual harassment claims have continued to rise and be brought to light in the the media, now is a good time to revisit your compliance program on sexual harassment prevention. Attorney Ann E. Evanko explains how.


What the Legalization of Recreational Marijuana Means For NY Employers

Wednesday, April 14th, 2021

On March 31, 2021, Governor Cuomo signed the “Marihuana Regulation and Taxation Act” (“MRTA”) which legalized the recreational use of marijuana for individuals over the age of 21 and significantly impacts the ability of New York employers to maintain a drug-free workplace.  More specifically, the MRTA amends New York Law Labor Law Section 201-d, which protects employees’ right to engage in certain recreational activities outside of work. Labor & Employment Attorney Joseph S. Brown summarizes the changes to Section 201-d and discusses what steps employers should take to prepare themselves for compliance with the new legislation.


New York Issues Guidance on Paid Leave for Vaccinations

Friday, March 26th, 2021

New York just provided guidance in the form of Frequently Asked Questions (FAQS) on the Paid Vaccination Leave Law. While many questions remain unanswered, the FAQs explain and reemphasize certain points. Attorney Joe Brown summarizes in this legal alert.


American Rescue Plan Act: Brief Overview of Extension of FFCRA Tax Credits and Other Employment Updates

Friday, March 19th, 2021

The American Rescue Plan Act of 2021 (“Act”) was signed into law—the Act was highly anticipated by many, as it provides stimulus relief to many Americans.  However, in addition to the stimulus relief, the Act contains employment-related provisions of which employers should be aware.  This article serves to provide a brief overview of these employment-related provisions of the Act. 


Travel Plans? Just Another Reason to be Vaccinated!

Thursday, March 18th, 2021

There are several reasons to be vaccinated—protecting your own health and that of others is the most important and should be the primary reason. An added benefit is that one can now qualify in New York to be exempt from the rigorous quarantine requirements upon proof of full vaccination within certain time periods. 


New York Employees Now Eligible for Paid Leave When Getting the COVID-19 Vaccine

Saturday, March 13th, 2021

New York Governor Andrew Cuomo just signed a bill that provides private and public sector employees with up to four hours of excused leave per injection of the COVID-19 vaccine that will not be charged against any other leave the employee has earned or accrued.


My Employee is Fully Vaccinated: Now What? (The Remix)

Wednesday, March 10th, 2021

Labor & Employment Attorney Joe Brown provides the latest updates for New York employers on: (1) the CDC’s First Set of Guidelines on How Fully Vaccinated People Can Visit Safely with Others; (2) New York’s Quarantine Guidelines for Fully Vaccinated Individuals; and (3) New York’s Travel Advisory for Fully Vaccinated Individuals.  Stay tuned for bonus tracks in the weeks to come.


My Employee is Fully Vaccinated: Now What?

Thursday, February 25th, 2021

What does federal and state guidance say about safety and quarantine protocols for those employees who have been fully vaccinated?  Attorney Joe Brown addresses those questions and provides a reminder about consistently applying health and safety protocols in the light of increased enforcement activity by federal and state authorities. 


NYS Paid Sick Leave: 9 Frequently Asked Questions (and Answers)

Wednesday, February 24th, 2021

Labor & Employment Attorney Katherine Wood provides answers to some of the most frequently asked questions from the employer’s perspective on the paid sick leave law. 


Six FAQs About Employer COVID-19 Vaccination Policies in New York

Wednesday, February 24th, 2021

The development and distribution of COVID-19 vaccines late last year has offered a glimmer of optimism for businesses hoping to return to “normal” in 2021.  But how will the increased availability of COVID-19 vaccines impact the workplace?  Labor & Employment Attorney Joe Brown provides answers to six commonly asked questions about COVID-19 vaccination policies.


Five Recent Employment Law Developments Under the Biden Administration

Friday, January 29th, 2021

The inauguration of a new president usually brings changes in senior leadership, legislative priorities, and regulatory policy, particularly in the area of labor and employment law.  Within the past week, President Biden has signed several executive orders, filled key positions, and announced other policy shifts that are likely to impact the workplace in the areas of safety, LGBTQ protections, labor laws, pandemic response, and immigration.  This alert discusses five recently announced developments that may impact your workplace in the months to come.


NYS Expands Employers’ Obligation to Provide COVID-19 Leave

Wednesday, January 27th, 2021

On January 20, 2021, the New York State Department of Labor issued guidance that expands employers’ obligations to provide paid leave under the NYS COVID-19 leave law.  Particularly, the new guidance addresses employer-mandated leaves related to COVID-19 and situations where an employee tests positive for COVID-19 multiple times.


Top 10 Steps to Minimize Employment Liability and Litigation in 2021

Monday, January 18th, 2021

As we usher in the new year, employers are faced with continuing challenges due to COVID-19 disruptions, remote working, uncertainty with COVID-19 vaccinations, new employment laws, and the increasing demands of a workplace under stress. While employers’ responses to these demands require more attention than ever, the foundation of strong employment practices will remain familiar in many ways and this framework will help you minimize your risk of being sued.


Amherst Bee: Hurwitz & Fine to review 2020 employment litigation, advise businesses on future

Wednesday, January 13th, 2021

Labor & Employment Attorney Joseph S. Brown was featured in the Amherst Bee on January 13, 2021, discussing the upcoming Hurwitz & Fine webinar "Employment Litigation Update: A Review of 2020 and What's Ahead" in partnership with the Amherst Chamber of Commerce.


COVID-19 Update: New Guidance from NYS on Shortened Quarantine Timeline and Handling Quarantine Leave Following Expiration of the FFCRA

Wednesday, December 30th, 2020

This alert summarizes the updated NYS guidelines and the implications for employers with respect to paid leave under NYS COVID-19 Paid Sick Leave and the federal Families First Coronavirus Response Act (FFCRA), which was not extended beyond December 31, 2020.


EEOC Releases Guidance on COVID Vaccine: Six Key Employer Considerations

Tuesday, December 22nd, 2020

As we look forward to a widely available COVID-19 vaccine (and a potential return to normalcy), employers may be considering mandating that their employees get vaccinated.  However, there are important Americans with Disabilities Act (“ADA”), Title VII, and Genetic Information Non-Discrimination Act (“GINA”) implications that employers must consider.


Employers Take Note: NYS WARN Act Notice Requirements Expanded

Wednesday, December 9th, 2020

With the prevalence of COVID-related layoffs and reductions in force this year, employers may have recently brushed up on their obligations under the New York State Worker Adjustment and Retraining Notification Act (“NYS WARN Act”).  However, employers should be aware that the state recently expanded employers’ notice obligations under the WARN Act.


Buffalo Business First: Fines are hefty for businesses that violate New York-mandated restrictions

Wednesday, December 2nd, 2020

Labor & Employment Attorney Joseph S. Brown spoke with Buffalo Business First on December 2, 2020 about fines businesses could face if they violate New York-mandated COVID-19 restrictions.


New York’s Cluster Action Initiative: How to Determine if Your Business is “Essential” in a Red Zone

Friday, November 27th, 2020

With Governor Andrew M. Cuomo recently stating that portions of Erie County were on track to go into the Red Zone, it is important to assess whether your business is considered “essential” under guidance issued by Empire State Development Corporation (ESD).  This alert provides a brief overview of the Cluster Action initiative and how to determine if a business is considered essential in the Red Zone. 


NYS Paid Sick Leave: Guidance Issued, but Questions Still Remain

Wednesday, November 4th, 2020

This article discusses the highlights of the new guidance and identifies areas where employers must still tread carefully as further clarification has not been provided.