Legal Alerts

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. 

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.

Scott D. Storm has joined Hurwitz & Fine, P.C. as a member in the Insurance Coverage practice group.  Scott has over 20 years of legal experience handling insurance coverage and defense litigation, including special investigation matters.  

This primer discusses the General Obligations Law §§ 5-322.1 and 5-321 in the context of contractual indemnification claims involving Labor Law §§ 240(1) and 200 cases.  

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.

In a case of first impression, a Connecticut federal court held that a standard virus exclusion precludes coverage for claims of COVID-19-caused business income loss. The insured argued that the loss was caused by stay-at home orders, not the virus, but the court rejected that argument finding that the executive orders were inseparable from the virus itself.

General Liability Defense Attorney Brenna C. Gubala was featured in the National Retail and Restaurant Defense Association's (NRRDA's) December newsletter for her article "New York Appellate Court Shoots Down Retailer's Claim of Immunity in Firearm Ammunition Sale."

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.

On December 15, Governor Cuomo signed an amendment to New York’s power of attorney law (General Obligations Law Article 5, Title 15) that will make the power of attorney form simpler and easier to correctly execute. 

Insurance Coverage Attorney Ryan P. Maxwell was featured in a profile from Business First on December 17, 2020, speaking about business interruption cases stemming from COVID-19 and his career experience. 

Alexis M. Florczak has joined Hurwitz & Fine, P.C. as an associate in the Business Law and Economic Development practice groups.

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.

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.

Attorney Cara Cox was featured in the American Bar Association's Pretrial Practice & Discovery Committee's Practice Points for her article "Working with Foreign-Language Documents in Depositions and Trials."

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.