Earlier this week, the New York State Court of Appeals affirmed the Appellate Division, Second Department’s decision annulling Nassau County’s attempt to repeal the County Guaranty through its enactment of Local Law 18. As the highest court in the State, the Court of Appeals...
With Valentine’s Day around the corner and love in the air, it is only fitting that we offer an overview of the potential legal issues that may arise because of workplace romances, as well as some of the best practices that employers should consider adopting...
Yesterday, the United States Treasury Department issued final regulations regarding the Affordable Care Act's employer shared responsibility provisions. We wanted to advise you about two important changes:...
With the recent increase in on-site investigations by the United States Department of Labor (“the DOL”) concerning employer compliance with the Family and Medical Leave Act (“FMLA”), we would like to clarify some of the law’s requirements that cause confusion among many employers. ...
The U.S. Department of Education and the U.S. Department of Justice (“the Departments”) recently issued guidance in the form of a “Dear Colleague” letter to public elementary and secondary schools regarding schools’ legal obligations to administer student discipline on a nondiscriminatory basis. This guidance...
Now that the New Year has begun, it may be a good time to review the composition of your bargaining units to ascertain whether there are any employees who should not be in a union due to their “managerial” and/or “confidential” status. We are...
KEEPING YOU INFORMED… On January 25, 2013, the United States Department of Education, Office for Civil Rights issued a “Dear Colleague” letter to clarify and communicate schools’ responsibilities under Section 504 of the Rehabilitation Act of 1973 (“Section 504”) regarding the provision of extracurricular athletics to...
The Public Employment Relations Board (“PERB”) recently issued a decision holding that a work rule permitting employees to listen to personal electronic devices and radios at their work stations constituted a term and condition of employment and so could not be unilaterally changed by their...
KEEPING YOU INFORMED… Governor Cuomo recently signed a bill amending General Municipal Law Section 103 to clarify the bidding requirements for school districts and municipalities that wish to purchase devices, materials, equipment and supplies, and their related maintenance services through contracts awarded by other federal, state,...
The Internal Revenue Service recently issued Notice 2013-71 (“the Notice”) which modifies the “use-or-lose” rule for health flexible spending accounts (“FSAs”) established pursuant to Section 125 of the Internal Revenue Code (“the Code”). The “use-or-lose” rule provides that any monies remaining in an FSA...
