What Employers Need to Know about New York’s Employee Monitoring Law
In accordance with new Section 52-c of the New York Civil Rights Law, which went into effect on May 7, 2022, New York employers must now notify their employees if they are electronically monitoring workers’ phones, emails, and internet access or usage. The new law mandates that all private employers must provide notice of their electronic monitoring practices to new employees upon hiring and...Read More
The Americans with Disabilities Act: Does your website need to comply?
By Adam Rodriguez, Esq. Should you care if your business’ website is ADA compliant? Absolutely. Litigating a website accessibility case can be expensive, even if you are ultimately successful on the merits. This is particularly true because the ADA provides for an award of attorneys’ fees to a prevailing party. It may be best to proactively address your website’s accessibility to ensure...Read MoreFrequency of Pay Issues for “Manual Workers” Continue to Present Significant Liability Risks for New York Employers
New York Labor Law (NYLL) Section 191 mandates that employers must pay “manual workers” on a weekly basis within seven calendar days of the week during which the wages are earned. If manual workers are not paid on this weekly basis, recent cases continue to confirm that these employees have a private right of action under Section 191 to seek to recover liquidated damages, which are now...Read MoreCan the Law Regulate the Internet? How Government Agencies Seek to Regulate Big Tech
In comparison to radio, television, and telephone, newer technologies – particularly those involving the internet and social media – have remained largely unregulated by federal or state governments, with the tech industry relying on self-governance even as their influence has significantly expanded. As tech plays an increasingly large role in daily life and tech companies grow in...Read MoreHow Medical Testing Laboratories Must Comply with the Federal Ban on “Surprise Billing”
The “No Surprises Act” (“NSA”), which became effective on January 1, 2022, is federal legislation designed to protect patients from “surprise medical billing” that occurs when a patient receives services from a facility or provider which, unknown to the patient, is outside of his or her health plan’s network, resulting in unexpected out-of-network charges. Much of the discussion surrounding...Read MoreWhat to Know About New York’s Green Amendment
On November 2, 2021, New York residents voted to amend the State’s constitution to enshrine into law each person’s “right to clean air and water, and a healthful environment.” N.Y. Const., Art. 1, Sec. 19. With the adoption of this amendment, New York becomes the third state in the nation to include environmental rights in its Bill of Rights, following Pennsylvania (1971) and Montana (1972....Read MoreBaffling Issues that Arise in Insurance Mediations (and How to Get Past Them!)
Partner John Diaconis will be a panelist on this informative program presented by the Insurance Dispute Resolution Committee of the New York State Bar Association, to be held at 5:30 PM on December 15, via Zoom. Read MoreThe No Surprises Act and How Medical Providers Must Comply with the Federal Ban on Surprise Billing
The “No Surprises Act” (“NSA”), new federal legislation intended to protect patients from “surprise medical billing”, goes into effect on January 1, 2022. While most states have already enacted laws to address surprise billing, limited protections and various loopholes permitting balance billing at the state level compelled federal action to address the need for greater consumer protection. Read MoreAs Deadline Looms, New York Municipalities Decide Whether To Prohibit Retail Cannabis Dispensaries and On-Site Consumption Sites
Under New York’s Marijuana Regulation and Taxation Act (MRTA), which became law on March 31, 2021, the State’s cities, towns and villages have until December 31, 2021 to decide whether to “opt out” of allowing retail marijuana dispensaries and on-site consumption sites within their jurisdictions. The deadline has prompted considerable public debate as residents of Westchester County and across...Read MoreNew York Enacts Mandatory Retirement Savings Program Participation for Employers
On October 21, 2021, Governor Hochul signed legislation requiring all private sector employers who meet certain threshold criteria to participate in New York State’s Secure Choice Savings Program (SCSP). The legislation applies to all for-profit and non-profit employers who employed 10 or more employees in 2020, have been in business for at least two years, and do not already offer a qualified...Read MoreInvestigating Employee Misconduct and Defending Claims of Wrongful Termination
With wrongful termination lawsuits on the rise across many industries, it has become more important than ever for employers to conduct thorough and well-documented investigations of alleged employee misconduct before deciding whether to impose disciplinary measures against an employee. This point was recently confirmed by the Second Department’s decision in Daniel Hutting v. Independent...Read More