Employment & Business Litigation Pointers - Volume I, No. 11


Employment & Business Litigation Pointers

Volume I, No. 11
Friday, July 10, 2020


As a public service, we are pleased to present this issue of Employment & Business Litigation Pointers, which aims to provide our clients and subscribers with timely information and practical, business-oriented solutions to the latest employment and general business litigation developments.  In some jurisdictions, newsletters such as this may be considered: Attorney Advertising.
If you know of others who may wish to subscribe to this free publication, please feel free to forward it. If you wish to subscribe or unsubscribe, please do so at the bottom of this newsletter.


Has Your Business Updated Its Office Safety Plans Based on the Latest NYS Guidance?
By Joseph S. Brown, Esq.

New York continues to update its industry reopening guidance available on the New York Forward page.  Many businesses that developed office safety plans in earlier phases of the reopening in May and June may not have realized that New York updated its guidance as recently as June 26, 2020.  By way of example, the guidance for Office-Based Work in Phase 2 was originally issued on May 28, 2020.   Many offices prepared their safety plans with that guidance in mind.  But that guidance was quietly updated in June, most recently on June 26. 

The updated guidance states that “where guidance in this document differs from other guidance documents issued by New York State, the more recent guidance shall apply.”  While much of the guidance remains similar, there are certain requirements that have been removed and/or revised. As a result, many businesses may need to update their safety plan documents to come into compliance. 

This alert summarizes some of the key differences between the office-based guidance issued on May 28 and the updated guidance on June 26.  Businesses should check the date at the top of the guidance to determine when it was last updated for their industry.

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5 Things Employers Should (But Might Not) Know About Reopening in WNY
as featured in Step Out Buffalo

By Katherine L. Wood, Esq.

With WNY entering Phase 4 of reopening, business-owners and customers alike are becoming excited for a return to normalcy—shopping in our favorite stores, dining at our favorite restaurants, and more. However, as we are still in the midst of a global pandemic, we can’t quite return to “normal” just yet.

So, what best practices should employers take to ensure both legal compliance with new and changing laws and safety for their employees and customers as we collectively step out of social isolation and back into the world?

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New York's Travel Advisory: What It Means For Employers
By Joseph S. Brown, Esq.

New York Governor Cuomo recently issued Executive Order 205, which requires certain individuals to quarantine for 14 days upon arriving in New York if they are traveling from states with significant community spread of COVID-19 (the “Travel Advisory”).  

Since that time, the NYS Department of Health published interim guidance (“Interim Guidance”) on the Travel Advisory and Governor Cuomo issued another Executive Order (202.45) clarifying that individuals who voluntarily travel to states with significant coronavirus spread will not be entitled to paid quarantine leave from work under New York State law when they return to New York.  This alert summarizes the impact these recent developments may have for New York employers.

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Examining Risk Transfer in Construction Agreements
By Brian F. Mark, Esq. of our Long Island office and Lawrence M. Ross, Esq.

Well written risk transfer clauses are essential in the defense of a construction site accident and may mean the difference between the continuation or failure of an owner’s or general contractor’s family business.


Too often, however, the owner or general contractor relies on existing commercial and/or personal relationships in selecting a vendor/subcontractor, and does not think it important to pursue a written agreement with those with whom it has an established track record of success in working on a long line of projects.  In these instances, perhaps in the haste to commence work on the project or make up for unexpected construction delays, or possibly as a sign of confidence and good faith, the owner or general contractor will enter into verbal agreements or basic time and materials agreements which do not require the owner or general contractor to be properly indemnified or named as additional insureds.

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Your COVID-19 Resource Center: Legal Updates Regarding the Coronavirus

Hurwitz & Fine is working hard to keep you updated with information that could affect you and your business during this pandemic.  The Labor & Employment team regularly shares updates on federal and state employment law developments in response to the coronavirus.

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Joseph S. Brown, Esq.

Hurwitz & Fine's Labor & Employment team is here to answer your questions:

Labor & Employment Law
Ann E. Evanko, Esq. ([email protected])
Andrea Schillaci, Esq. ([email protected])
Joseph S. Brown, Esq. ([email protected])
Amber E. Storr, Esq. ([email protected])
Katherine L. Wood, Esq.

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