Ah, summer: less-demanding schedules, lighter workloads, and a more relaxed work wardrobe. In keeping with the professional reputation of lawyers as killjoys, however, we recommend that HR professionals act more like Aesop’s ants—using the summer to prepare for fall—than the grasshopper, who was so busy partying that he failed to prepare at all. So listen, … Continue Reading
Effective October 29, 2018, the New Jersey Sick Leave Law requires employers to allow employees to accrue 1 hour of earned sick leave for every 30 hours work, up to 40 hours each year. The law permits employers to create policies that provide additional leave time. Here is a link to the law from the … Continue Reading
As mentioned in our January 2018 Client Advisory, the Tax Cuts and Jobs Act (the “Act”), signed into law at the end of 2017, contains a temporary employer tax credit, ranging from 12.5 percent to 25 percent, that may be claimed by eligible employers for certain wages paid to qualifying employees during family and medical … Continue Reading
As January draws to a close, New York employers are confronting the reality of many new laws and regulations that govern the employment relationship – from the new Paid Family Leave law, to the new federal tax law. We are also tracking several newly-signed and proposed pieces of legislation, which could further complicate the employment … Continue Reading
With the end of the calendar year in sight, employers must shift focus to ensure compliance with the New York State’s new Paid Family Leave (“PFL”) law, which goes into effect on January 1, 2018. The Good News – The PFL, which applies to all employers (of any size) does not require employers to pay … Continue Reading
As many of us settle into September, with fond memories of our summer vacations, do not think that the federal agencies were on a hiatus. In fact and despite predictions that the EEOC under the new administration would be less aggressive in enforcing the discrimination laws, the Commission has been very active and did not … Continue Reading
In May 2016, the Equal Employment Opportunity Commission (“EEOC”) published “Employer-Provided Leave and the Americans with Disabilities Act” The EEOC published the guidance as it observed a “troubling trend:” employment policies that deny or restrict leave as a reasonable accommodation for employees with disabilities. It has been a year since this guidance was published and … Continue Reading
Managing employees’ requests for disability accommodations can be challenging, particularly when an employee requests leave for extended or unlimited periods of time. A common misperception by employers is that once an employee’s FMLA leave runs out, the employer no longer has any obligation to accommodate such an employee, particularly if they request more time off, … Continue Reading
Much has been written about the Second Circuit’s recent decision, finding that a Director of Human Resources at the Culinary Institute of America (“CIA”) was individually liable as an “employer” for FMLA interference and retaliation. Graziadio v. Culinary Institute of America, et al., No. 15-888-cv (2d Cir. Mar. 17, 2016). I agree this conclusion is noteworthy. … Continue Reading
As we’ve noted in previous posts from Kelley Drye’s Ad Law Access blog, there has been an increase in lawsuits alleging companies have violated the Americans with Disabilities Act because their websites aren’t accessible to the blind. This week, a California court granted summary judgement in one of these suits. Last year, a plaintiff filed a … Continue Reading
Last month Walmart was hit, in headline making fashion, with a massive $31.2 million verdict in a New Hampshire disability and gender discrimination case. What makes this verdict particularly news-worthy is not only its size, but also the fact that the plaintiff was a pharmacist at Walmart, and not an executive earning a six-figure salary. … Continue Reading
Last year was a ‘big year’ in New York in terms of new employment laws, and 2016 is shaping up to be just as big – as employers come into compliance with the many new laws, and brace for additional changes to come. Among the most significant new laws are the series of statutes signed … Continue Reading
Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized across the country. Obergefell v. Hodges, 135 S. Ct. 1039 (2015). This was a landmark ruling for the … Continue Reading
Compliance with the Family Medical Leave Act (“FMLA”) is a daily challenge for employers, as more and more employees seem to take advantage of the right to full and intermittent leave. I often see clients jump to hasty conclusions about FMLA entitlement, or deny leave or terminate employees, without fully analyzing whether they have complied … Continue Reading
