Employment & Business Litigation Pointers - Volume I, No. 14


Employment & Business Litigation Pointers

Volume I, No. 14
Thursday, December 9, 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.


  A Note from Joseph S. Brown, Esq.

Welcome to the latest edition of Employment & Business Litigation Pointers.  In addition to bringing you timely articles on New York’s Cluster Action Initiative and amendments to NY’s WARN Act, we are sharing a piece written by our Managing Partner, Jody Briandi, on Managing Crisis that appeared in the U.S. News - Best Lawyers "Best Law Firms" publication.   Jody had the privilege of taking the helm as Managing Partner in the midst of a global health pandemic and offers insights as to the how the firm successfully navigated these uncertain times.  Speaking of “Best Law Firms”, we are proud to announce that our Labor & Employment Group achieved “Tier One” recognition in the area of Litigation – Labor & Employment and the firm received recognition in several other practice areas.   
Finally, the Firm is pleased to announce the addition of Mirna Martinez Santiago as a member of the firm’s Insurance Coverage Department. Mirna has more than 25 years of legal experience, handling a range of matters from torts to professional liability to insurance coverage to regulatory affairs. She regularly lectures on an array of topics (with a focus on insurance and diversity, equity, inclusion and the elimination of bias) and has been featured in Latina Magazine and on NBC News speaking about the Afro-Latina experience.  Welcome Mirna!

New York's Cluster Action Initiative: How to Determine if Your Business is "Essential" in a Red Zone

By Joseph S. Brown, Esq.

By now, most New Yorkers are generally familiar with the state’s Cluster Action initiative, which directs the Department of Health to adopt new rules and restrictions directly targeted at COVID-19 hotspots that have cropped up throughout the state.  There are different restrictions in place depending on the color of the zone: Red, Orange, and Yellow.  Significantly, all non-essential businesses in the Red zone, which do not meet certain criteria, are required to reduce in-person workforce by 100%.

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.

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Employers Take Note: NYS Warn Act Notice Requirements Expanded
By Katherine L. Wood, Esq.

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.

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Crisis Management: Leadership Transition During a Pandemic
By Jody E. Briandi, Esq.

Hurwitz & Fine was on the cusp of a leadership change when the pandemic hit. There were many lessons learned on transition in a tumultuous time, that can benefit other businesses.

Read More

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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