Legal Alerts

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.

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? 

Attorney Carly M. Speyer updates on the status of virtual notary public and witnessing of estate documents under NY Pandemic Relief Executive Orders.

Labor Law attorney Timothy Welch offers insight into the potential Labor Law pitfalls for construction managers.

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.

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.

Beginning February 1, 2021, many substantive and notable revisions to the Uniform Civil Rules for the New York Supreme and County Courts will take effect pursuant to Administrative Order 270/20 issued by Hon. Lawrence K. Marks, Chief Administrative Judge of the Courts. The order contains 29 additions and revisions that borrow heavily from both the Rules of the Commercial Division of the Supreme Court as well and the Federal Rules of Civil Procedure.

Hurwitz & Fine Attorney Evan Y. Bussiere was recently appointed Chairman of the Board of the Cheektowaga Chamber of Commerce, after serving as Chairman-Elect for the past year.

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.

Hurwitz & Fine is listed as the #8 Largest Buffalo Law Firm as ranked by Business First, for the second year in a row.