Employment & Business Litigation Pointers - Volume I, No. 6


Employment & Business Litigation Pointers

Volume I, No. 6
Tuesday, May 12, 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.


Don't Risk Litigation: Revise Employment Policies Before Reopening
as seen in the 5/11/20 edition of Business First

By Joseph S. Brown, Esq.

What will the workplace look like as businesses return to normal operations during the middle of a global health crisis? We are in unchartered territory, with many commentators predicting that the office as we know it will never be the same.

In recent weeks, New York Gov. Andrew Cuomo endorsed a regional approach for gradually lifting restrictions on non-essential businesses during the Covid-19 pandemic, and the White House unveiled a plan for Opening Up America Again. The guidance so far suggests that the new normal workplace will include the following: (1) infection prevention measures; (2) protocols for identifying and isolating sick employees; and (3) a continuation of remote work arrangements. Here are a few of the key legal issues and best practices that employers should consider as they prepare to return to work.

Read more in Business First


Finding Creative Solutions to Business Disputes During the COVID-19 Pandemic

By Amber E. Storr, Esq.

As co-chair of my local bar association’s Commercial and Bankruptcy Law Committee, I have been communicating with local court officials on a regular basis about the impact the COVID-19 pandemic has had on state court operations.  One of Governor Cuomo’s executive orders tolled all New York statutes of limitation—an order which was recently extended to June 6, 2020.  The Chief Administrative Judge soon followed with a ban on commencing new “nonessential” actions.  As a result, potential plaintiffs with commercial claims are unable to commence a state court lawsuit in the near term or obtain emergency relief with respect to such claims.

Businesses with pending state court lawsuits were largely put on hold in mid-March, with the state court system gradually re-opening for virtual conferences in April and resuming electronic filing in pending cases last week.  We are probably several months away from regular state court operations and jury trials resuming. As explained in this alert, 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.

Read More


Eviction Moratorium Extended Through August 20th  What Does That Mean for Landlords?

By Joseph M. Reynolds, Esq. of our Commercial Real Estate, Development & Finance team

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. The moratorium was originally instituted by Executive Order 202.8 back on March 20th. Under new Executive Order 202.28, Governor Cuomo also eliminated all late fees and fees for missed rent payments assessed by landlords during that same period. The Order allows renters the option to use their security deposits for rental payments, with the security deposit being replenished over time. In addition, landlords cannot object to renters applying security deposits to rental payments despite the well-settled provisions of NY’s General Obligations Law stating otherwise. 

Read More


EEOC Issues New Return-to-Work Guidance for Employers on ADA Implications of COVID-19

By Katherine L. Wood, Esq.

As companies make plans to return to the workplace, employees and employers will be confronted with questions on how to maintain a safe work environment for individuals with underlying medical conditions that place them at “higher risk for severe illness” if they get COVID-19. This week, the Equal Employment Opportunity Commission (“EEOC”) 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.

Read More


COVID-19 Legal Response Team

Hurwitz & Fine's COVID-19 Legal Response Team was created to provide legal advice and counseling our clients are seeking during this time. Our approach is an interdisciplinary model comprised of lawyers from various firm practice groups. For more information, click here.


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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