Legal Alerts
No Shirt, No Shoes, No Mask, No Service
Private business and store owners/operators now can use the “no mask-no entry” rule to deny individuals entry into their businesses if they have no mask on or refuse to wear a mask or other face-covering.
U.S. DOL Simplifies Analysis of Overtime Exemption for Commissioned Sales Staff in the Service and Retail Industries
The Wage and Hour Division of the United States Department of Labor has issued a non-COVID-19-related final rule that service and retail industry employers should not overlook.
Marc A. Schulz and Amber E. Storr Advance From Associates to Members
Hurwitz & Fine announces attorney promotions of Marc A. Schulz and Amber E. Storr.
As OSHA Returns to Pre-COVID-19 In-Person Inspections, OSHA Says Employers Must Make Efforts to Find Out If An Employee’s COVID-19 Is Work-Related – But How?
On May 19, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it is increasing in-person inspections at all types of workplaces, and it will now enforce the recordkeeping requirements for employee coronavirus illnesses for all employers.
Nationwide State Survey of Healthcare Immunity Related to COVID-19
As the nation’s COVID-19 hotspot, NY has issued several Executive Orders and Department of Health Directives implementing various healthcare directives to combat the virus pandemic. However, NY is not alone in introducing legislative efforts to both assist and regulate healthcare facilities and providers in response to COVID-19. Many states have enacted similar such provisions, or already had such provisions in place, and we aim to provide a succinct summary of each of these in this alert.
New York Unveils More Details Regarding Phase 1 of Reopening: Is Your Business Included?
Hurwitz & Fine details out the businesses included in Phase 1, and the "Business Safety Precautions" plan they must to develop in order to reopen.
Hurwitz & Fine, P.C. Announces New Leadership Team
Hurwitz & Fine, P.C. is pleased to announce its new leadership team, effective as of May 1, 2020.
School’s Out for Summer: US DOL Issues New Guidance on FFCRA Childcare Leave and More
The initial flurry of requests for Families First Coronavirus Response Act (“FFCRA”) leave may have passed, but as New York businesses make plans to reopen, we are likely to see new situations where parents with school-aged children may request leave under the FFCRA.
Law360: "Expert Analysis: Major Trends In COVID-19 Business Interruption Lawsuits"
In addition to compiling and updating a survey of known COVID-19 business interruption complaints filed to date, Attorneys Lee S. Siegel and Ryan P. Maxwell have published an article in Law360, which analyzes these lawsuits for trends.
A Note From Our New Managing Partner
We’re two months into working from home, and two weeks into our new leadership. Jody Briandi, Managing Partner, details how Hurwitz & Fine is handling the challenges and staying the course during COVID-19.
WSHU Public Radio: "How Coronavirus Relief May Lead To Tort Reform"
Attorneys Lee S. Siegel and Joseph S. Brown were interviewed in the May 14, 2020 NPR news segment.
Update on the Courts
This update provides information on the defense of claims, filing and serving papers, pending motions, and trials.
Finding Creative Solutions to Business Disputes During the COVID-19 Pandemic
The COVID-19 pandemic provides a unique opportunity for businesses to find creative and cost-effective solutions to their most pressing business disputes in a time of uncertainty.
Buffalo Business First: "Don’t Risk Litigation: Revise Employment Policies Before Reopening"
Hurwitz & Fine Labor & Employment team speaks on the key legal issues and best practices that employers should consider as they prepare to return to the "new normal" workplace in the May 11, 2020 edition of Buffalo Business First.
Eviction Moratorium Extended Though August 20th – What Does That Mean For Landlords?
On May 7th, New York Governor Cuomo extended the moratorium on commercial and residential evictions due to COVID-19 related hardships by another 60 days—through August 20, 2020.
Governor Cuomo Announces Intention to Extend Child Victims Act Lookback Period
Governor Cuomo announced that the CVA “lookback” window would be extended by five months, now closing on January 14, 2021.
EEOC Issues New Return-to-Work Guidance for Employers on ADA Implications of COVID-19
The Equal Employment Opportunity Commission (“EEOC”) has provided updated guidance to employers on issues related to: (1) employee requests for reasonable accommodations under the Americans with Disabilities Act (“ADA”); (2) individuals at high risk for contracting COVID-19 who have not requested accommodations; and (3) potential undue burdens on employers.
Buffalo Business First: "Briandi Takes Over Top Role at Hurwitz & Fine"
Hurwitz & Fine's new President/Managing Partner Jody Briandi is featured in the May 8, 2020 edition of Buffalo Business First, discussing her career and transition during the pandemic.
Public Fear: The Newest COVID-19 Coverage?
Hurwitz & Fine identified and tracked 56 business income complaints filed to date. There are many similarities among the complaints. But complaint number 57 is different, very different. Welcome to “Public Fear” coverage.
What Happens to Your PPP Loan Forgiveness Amount if a Laid Off Employee Rejects an Offer to Rehire?
For those businesses who obtained a PPP loan, in order to have it forgiven, they may need to get their staff off unemployment and back on the payroll. But what if a laid off employee rejects an offer to rehire?