New York Labor & Employment Law Blog

Latest from New York Labor & Employment Law Blog

We previously blogged about the new paid emergency sick leave and family leave programs under the Families First Coronavirus Response Act (FFCRA). Both programs require employers to provide paid leave to employees under certain circumstances relating to the COVID-19 pandemic. However, employers are entitled to recoup all qualifying paid leave expenses from the U.S. Department of the Treasury through refundable payroll tax credits. Practically speaking, many employers are wondering what that means. Ordinarily, employers are…
With Governor Cuomo having forced the closure of “non-essential” businesses to combat the spread of COVID-19, many New York business owners are now presented with the difficult task of determining whether, when or how to reduce their workforces. New York’s WARN Act is designed to protect workers and their families, and requires employers to give ninety days’ advance notice of closures, mass layoffs and furloughs. The law is modeled after the federal WARN Act, but…
Businesses are continuing to grapple with the myriad challenges brought on by the novel coronavirus pandemic. Workforce reductions are an unfortunate but inevitable byproduct of this national crisis. Employers across the country are considering layoffs (ranging from marginal to mass), furloughs and reductions in employees’ hours and wages. However, employers must not make such decisions based strictly on finances, as there are significant legal pitfalls for those who act in haste. Additionally, employers should consider…
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) which, as we discussed in an earlier blog post, provides for paid emergency sick leave and paid emergency family leave in certain circumstances. The portion of the FFCRA that provides for paid emergency family leave is referred to as the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the portion that provides for paid emergency sick leave is referred…
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) which, as we discussed in an earlier blog post, provides for paid emergency sick leave and paid emergency family leave in certain circumstances. The portion of the FFCRA that provides for paid emergency family leave is referred to as the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the portion that provides for paid emergency sick leave is referred…
We have been fielding calls every day from employers who are struggling to determine their obligations under New York’s new emergency paid sick leave law and the federal Families First Coronavirus Response Act (FFCRA). The aim of this post is to provide the simplest explanation of the circumstances in which these laws do and do not overlap. Although the New York law and the FFCRA both provide for paid emergency sick leave, the New York…
Tonight, President Trump signed into law the Families First Coronavirus Response Act (FFCRA). The passage of this law further complicates the web of paid leave laws that New York employers must navigate, given that, less than forty-eight hours ago, Governor Cuomo announced an agreement with legislators on a paid leave law at the state level. Emergency Family and Medical Leave Expansion Act Division C of the FFCRA is referred to as the Emergency Family and Medical…
Tonight, Governor Cuomo announced that a deal has been reached to provide all employees with job-protected leave in the event they are subject to a mandatory or precautionary order of isolation or quarantine, subject to certain exceptions. The terms of the deal are set out in a legislative program bill, and some of the most critical provisions are summarized below. The type of leave employees are entitled to depends in part on the size…
Employers have a duty to provide employees with a workplace that is free from recognized hazards that are likely to cause death or serious physical harm. Given the rapid spread of the novel coronavirus (COVID-19), what should New York employers do to fulfill this duty while balancing legitimate business needs? And, what legal pitfalls must New York employers be aware of in responding to this pandemic? Read on for answers to these urgent questions. Preventative…
Over the past several years, Governor Cuomo has imposed additional requirements on employers in his annual budgets. These changes often catch some employers by surprise upon the adoption of the final budget. As the State nears approval of the budget for the 2021 fiscal year, it would be prudent for employers to remain apprised of potential changes that may affect their organizations. One potential change included in Governor Cuomo’s proposed 2021 budget involves the disclosure…