DEA Re-Examining Proposal to Limit the Prescription of Controlled Substances Via Telehealth
On May 3, 2023, the DEA released a statement that it had received a record 38,000 comments on its proposed rule that would no longer permit telehealth providers to prescribe controlled substances if the patient never had an in-person examination, subject to limited exceptions (see our March 21, 2023 article on this and related issues). “We take those comments seriously and are considering them...Read MoreMunicipalities Must Re-Think Traditional Exclusionary Zoning to Allow Greater Flexibility for Mixed Use/Residential Development
Given the post-pandemic adjustments to our daily work and life patterns, high interest rates and decreased demand for office and retail space in Westchester County and throughout the Hudson Valley, the time is now for municipalities to embrace forward-thinking changes to outdated, onerous and restrictive zoning codes. Rather than put every zoning use in its own separate, exclusionary rigid...Read MoreProposed HIPAA Privacy Rule Change to Strengthen Privacy Related to Reproductive Health
In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the Department of Health & Human Services Office for Civil Rights (“OCR”) has issued a Notice of Proposed Rulemaking to modify the Health Insurance Portability and Accountability Act’s (“HIPAA”) Privacy Rule to prohibit the use or disclosure of protected health information (“PHI”) to investigate or...Read MoreFirst Deadline of NYC’s Local Law 154 of 2021 Looms
With the passage of Local Law 154 of 2021 (the “All-Electric New Buildings Law”), New York City became the largest city in the world to require that newly constructed buildings operate solely on electricity. This law means new buildings, with few exceptions, will be all-electric and emit less carbon, with the goal of improving local air quality. The law is a significant milestone in the...Read MoreSCOTUS Ruling Clarifies Overtime for Daily-Rate Employees Under FLSA
On February 22, 2023, in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, the U.S. Supreme Court in a 6-3 decision held that a “highly compensated executive employee” who was paid at a daily rate and not paid on a “salary basis” at the then-required $455 weekly salary was not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). The employer, an offshore oil and...Read MoreNational Labor Relations Board Decision Places Limits on Severance Agreements
On February 21, 2023, in McLaren Macomb, 372 NLRB No. 58, the National Labor Relations Board held that employers may not offer severance agreements to employees which require these employees “to broadly waive their rights under the National Labor Relations Act .” The McLaren decision involved severance agreements offered to furloughed employees which prohibited them from making any disparaging...Read MoreLabor and Employment Law: Updates to New York State Leave Protections
The New York Labor Law has been amended to provide protection for certain employee absences. The new law takes effect on February 20, 2023. The law aims to prohibit employers from penalizing employees who take legally-protected absences, including those defined by federal, local, or state employment law, and forbids “no-fault” attendance policies. The stated purpose of the amendment to...Read MoreHow Internal Investigations Can Impact Business, Litigation, and Employee Morale
The modern workplace is an ever-changing landscape, especially given frequent changes to harassment/discrimination laws and policies. Despite best efforts by HR managers to keep employees up to date on appropriate behavior, allegations of misconduct still arise. In these instances, both employer and employee will generally seek legal representation, but only the employer is impacted by an...Read MoreGovernor Hochul Signs Legislation Banning Use of Liens and Wage Garnishments in Medical Debt Collection
On November 29, 2022, New York Governor Kathy Hochul signed legislation (S.6522A/A.7363A) prohibiting health care providers from placing liens on a patient’s primary residence and from garnishing wages in furtherance of medical debt collection. “No one should face the threat of losing their home or falling into further debt after seeking medical care,” Hochul said in a press release. The main...Read MoreConsiderations for New York Companies Before the Next Office Holiday Party
The holiday season is quickly approaching, and with it come holiday parties and end-of-year celebrations. While these festivities are traditionally a fun way for coworkers to bond, celebrations outside the office can lead to inappropriate behavior and even sexual harassment claims. Workplace harassment can be misunderstood as limited to the location where a job is performed. However, sexual...Read MoreConsiderations for NY Employers as Election Day Approaches
The November 8 midterm elections are quickly approaching. Now is the time for New York employers to take the necessary steps to ensure compliance with federal, state, and local law requirements that relate to voting rights and political activity. This is also the time to review your organization’s existing policies and practices. Below are some legal requirements New York businesses may want...Read More