New York Labor And Employment Law Report

New York Labor And Employment Law Report

Tag Archives: New York Law

New York State Releases Paid Family Leave Certification Forms

Posted in New York Law, Paid Family Leave
The New York State Workers’ Compensation Board (“WCB”) has just released the long-awaited Paid Family Leave (“PFL”) forms. There is a general application form (PFL-1), as well as various certification forms depending on the type of leave requested: To apply for PFL to bond with a newborn or a newly adopted or fostered child, the… Continue Reading

New York Bans Smoking on Hospital and Residential Health Care Facility Grounds (and Slightly Beyond)

Posted in New York Law
Beginning on October 29, 2013, an amendment to New York State’s smoking law prohibits smoking anywhere on the grounds of a general hospital or residential health care facility.  The amendment also prohibits smoking in areas within 15 feet of any building entrance or exit, and within 15 feet of any entrance to or exit from the grounds of a general hospital or… Continue Reading

New York State Minimum Wage Increases to Begin December 31, 2013

Posted in New York Law, Wage and Hour
New York State’s 2013-2014 budget — approved on March 29, 2013 — includes a three-stage increase in the state’s minimum wage.  Effective December 31, 2013, the minimum wage will increase from $7.25 per hour to $8.00 per hour.  Effective December 31, 2014, the minimum wage will increase to $8.75 per hour, and effective December 31,… Continue Reading

Reminder: Wage Theft Prevention Act Annual Notices Must Be Issued to Employees By February 1

Posted in New York Law, Wage and Hour
Employers who have employees in New York are required to issue annual notices under the Wage Theft Prevention Act ("WTPA") to all New York employees between January 1 and February 1, 2013.  Although a bill was introduced in the New York State Legislature to repeal the annual notice requirement in early 2012 (which was the first year… Continue Reading

Plan Ahead to Avoid Holiday Party Pitfalls

Posted in Harassment, New York Law
This article, authored by Mark Moldenhauer, originally appeared in the December 10, 2012 issue of the Buffalo Law Journal. With calendars flipped to December, many companies are putting the final touches on holiday party plans.  These celebrations offer an opportunity to unwind, socialize, and reflect on the achievements of the past year, all outside of… Continue Reading

Appellate Court Holds That Employers Who Hire Undocumented Aliens Are Still Entitled to the Protections of the Workers’ Compensation Law

Posted in Immigration, New York Law, Workplace Illness
On September 26, 2012, the Second Department Appellate Division held that an employer who hires undocumented aliens in violation of the Immigration Reform and Control Act of 1986 ("IRCA") is still shielded by the Workers’ Compensation Law if those employees are injured on the job.… Continue Reading

Fourth Department Appellate Division Upholds Validity of Wicks Law Amendments

Posted in New York Law
On July 6, 2012, the Fourth Department Appellate Division held that the 2008 amendments to the Wicks Law, including a requirement that contractors and subcontractors participate in apprentice training programs approved by the Department of Labor in order for a project labor agreement ("PLA") to qualify for an exemption from the Wicks Law, are valid… Continue Reading

New York Court of Appeals Holds That the Division of Human Rights Lacks Jurisdiction Over Discrimination and Harassment Complaints Filed by Public School Students

Posted in New York Law
Employers in New York are well aware that the state agency that has jurisdiction over employment discrimination and harassment claims under the New York Human Rights Law (“NYRHL”) is the New York State Division of Human Rights (“Division”). The Division also has jurisdiction under the NYHRL to investigate and adjudicate certain other types of discrimination claims… Continue Reading

Lawmakers Scrutinize Employer Efforts to Access Employee and Applicant Private Social Media Web Sites

Posted in Employee Privacy, New York Law
As we noted in our June 17, 2010 blog post, social networking sites have become a popular tool for employers seeking information about job applicants during the hiring process.  However, employers’ efforts to obtain information that enables them to access their employees’ and applicants’ private social media web sites have recently been subject to increased… Continue Reading

Court of Appeals Holds That Workers’ Compensation Exclusivity Provision Does Not Apply To Uninsured Motorist Benefits

Posted in New York Law
On December 13, 2011, the New York Court of Appeals held that an employee who drives his employer’s vehicle, and has an automobile accident with an uninsured driver while driving his employer’s vehicle during the course of his employment, is entitled to recover uninsured motorist benefits from his self-insured employer, notwithstanding the exclusivity provision of the New… Continue Reading

Bill Introduced in the New York State Legislature to Repeal the WTPA Annual Notice Requirement

Posted in New York Law, Wage and Hour
A bill has been introduced in the New York State Legislature that would, if enacted, repeal the annual wage notice requirement imposed by the Wage Theft Prevention Act ("WTPA").  The bill would leave intact the requirement that employers provide a wage notice to all new hires, as well as the requirement that employers obtain signed written acknowledgments… Continue Reading