Legal Alerts

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.

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.

Utilizing Common Law Indemnity as a Risk Transfer mechanism in Labor Law cases, this article analyzes when Common Law Indemnity is available, to which entities it is available and how best to either obtain or avoid indemnity depending on your position in the specific situation.  Attorney Brian F. Mark also addresses the interplay of Common Law Indemnity with Contractual Indemnity as a Risk Transfer strategy.

Hurwitz & Fine had three victories and five attorneys published in The Harmonie’s Group's annual significant cases publication for 2020.

Insurance Coverage attorneys Dan D. Kohane and Ryan P. Maxwell were featured in NYIA's First Quarter 2021 edition of Your NY Connection magazine for their article "Courts ... Uh, Hello? Hindsight is 2020."

New York’s power of attorney law (General Obligations Law Article 5, Title 15) was significantly amended in December 2020 to streamline both the power of attorney form included in the statute and its proper execution. At the time of signing, Governor Cuomo negotiated several amendments, to be formally adopted by the Legislature in future legislation. That “clarifying” legislation has now passed both houses and was signed into law by the Governor on March 25, 2021 (A02353/S00888) as Chapter 84 of 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.

The United States, for the most part, stands alone in the world of civil litigation by not following the “English Rule” that the party who loses in court pays the other party’s legal costs. The “American Rule” is that the prevailing party in most litigation across the United States is unable to recover attorneys’ fees or significant litigation costs, although some specific types of claims have statutory provisions for attorneys’ fees, or parties may otherwise provide for attorneys’ fees through contract. Rather than attorneys’ fees, the prevailing party is usually able to recover statutory “costs” or “fees” from their opponent, and while such awards vary between individual states and federal courts, they are typically nominal. 

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. 

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. 

Scott D. Kagan has joined Hurwitz & Fine, P.C. as an attorney in the firm’s Albany/Mid-Hudson area office, further expanding its capital district presence.

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.

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.

The agency has the burden to demonstrate that the requested material falls squarely within a FOIL exemption by articulating a particularized and specific justification for denying access, otherwise disclosure is compelled. Conclusory assertions are insufficient to deny access. Alternatives must also be considered, such as providing summaries of factual data or the records with the challenged information redacted.

Hurwitz & Fine litigation attorney Anastasia McCarthy was honored at the second annual IDEA (Inclusion Diversity Equity Awareness) Awards presented by Buffalo Business First on Thursday, March 3, 2021, for her efforts in championing diversity & inclusion.

Nicholas J. Heintzman has joined Hurwitz & Fine as an attorney in the firm’s Litigation Department. He focuses his practice on general liability and tort defense, including premises liability and transportation and automotive liability.

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. 

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. 

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.

Most policies provide language requiring that examinations under oath are to be conducted separately, while not in the presence of any other insured. But what about when claims are litigated that were denied based on fraud related defenses—are the plaintiffs sequestered from one another during depositions?