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State Employment Law Articles
Article Index » new york: 10 Most Recent Articles Report Link New York Area Employers Provide Positive Solutions for Commuters.Jackson Lewis LLP - August 06, 2008 Unrelenting gas prices have imposed financial difficulties upon employees and prompted some employers to consider strategies to offset increased commuting costs. Jackson Lewis LLP recently conducted a survey of more than 100 employers in New York's metropolitan commuter areas (Nassau, Queens, Suffolk and Westchester Counties) to determine how gas prices have affected the employer-employee relationship. The survey results confirm a noticeable effort on the part of employers of all sizes to accommodate commuters. Forty-four percent (44%) of respondents offer a transportation subsidy or pre-tax reimbursement program to employees to offset the costs of commuting. Another twenty-eight percent (28%) have considered implementing such a program to attract applicants. Report Link New York Commissioner Of Labor Issues Guidelines Regarding The Rights Of Nursing Mothers To Express Breast Milk In The Workplace; Sets Notice Requirements.Ogletree Deakins - August 05, 2008 New York law requires employers to provide nursing mothers reasonable unpaid break time or paid break time or meal time to express breast milk in the workplace for up to three years after the birth of a child. Recently, the New York Commissioner of Labor issued guidelines requiring employers to provide written notice of this right to employees who are returning to work following the birth of a child. Notice can be provided individually to the affected employees, or to all employees, in either a handbook or a posting. An employee wishing to take this leave must give her employer advance notice. Report Link New York Commissioner Of Labor Issues Guidelines For Employee Blood Donation Leave; Sets Notice Requirements.Ogletree Deakins - August 05, 2008 New York law requires that employers (with 20 or more employees) provide employees three hours of leave time each year for the purpose of donating blood. Recently, the New York Commissioner of Labor issued guidelines for implementing this leave. Report Link New Employee Notice Requirements for New York Employers (pdf).Vedder Price - August 01, 2008 As reported in previous Vedder
Price Labor Law Bulletins, New
York amended its Labor Law
last year to require employers
to provide leave time for
employees who wish to donate
blood and to accommodate
employees who need to
express milk during the work
day. New guidelines issued by
the state Commissioner of
Labor now require affected
employers to give employees
notice of their rights under
these laws, and also limit the
amount of notice an employee
must give of an intention to
exercise his or her right to take
time off for these purposes. Report Link New York Adds New Personal Information Protections and Responsibilities.Jackson Lewis LLP - July 14, 2008 In an effort to protect New York residents from the fraudulent use of their personal information, on July 8, 2008, New York Governor David A. Paterson signed into law a number of measures that strengthen New York State’s identity theft laws. The new laws, to take effect on January 4, 2009, create additional responsibilities for employers in how they handle personal information. Some key provisions of the new identity theft laws are summarized below. Report Link New Notice Requirements in New York for Blood Donation Leave and for Nursing Mothers to Express Milk in the Workplace.Littler Mendelson, P.C. - July 10, 2008 New York requires employers to provide leave time for employees to donate blood and to provide nursing mothers reasonable break time to express breast milk in the workplace. Guidelines recently issued by the New York State Commissioner of Labor now require covered employers to notify employees of their rights under these laws. Report Link Commission Rights Clarified Under New York Law.Ogletree Deakins - July 03, 2008 Pachter v. Bernard Hodes Group, Inc., __ N.Y.3d __, __ N.Y.S. 2d __ (2008) — On June 10, 2008, New York’s highest court addressed the important issue of when a sales commission is “earned,” and thus not subject to deductions for expenses by an employer under the state’s wage and hour laws. The Court held that, in the absence of an agreement to the contrary, commissions are earned when a salesperson “produces a person ready and willing to enter a contract upon his [or her] employer’s terms.” Report Link New York's Highest Court Limits Scope of State Health Care Whistleblower Protection Law.Jackson Lewis LLP - July 03, 2008 Responding to a question certified to it by the United States Court of Appeals for the Second Circuit, New York's highest court has limited the scope of New York's Health Care Whistleblower Law. The Court held the law, which prohibits a covered employer from taking retaliatory action against employees who "perform health care services," applies only to employees who actually supply health care services, such as nurses, and not to employees who merely coordinate those services. Reddington v. Staten Island Univ. Hosp., 2008 N.Y. Slip Op. 5955 (July 1, 2008). A broader reading could have made the law applicable to large groups of employees in a health care facility, not only those directly involved in rendering health care services. Report Link New York's Highest Court Delivers a Win to Employers Paying Employees on a Commission Basis.Littler Mendelson, P.C. - June 12, 2008 The New York Court of Appeals decision in Pachter v. Bernard Hodes Group Inc., should prove beneficial to employers that pay employees on a commission basis. The court held, among other things, that an employer is permitted under New York's Labor Law to structure its commission formula so that expenses are deducted before commissions become earned wages that must be paid to the employee. Combined with the October 2007 amendments to the commissioned salesperson provisions of the New York Labor Law, the decision provides guidance on how employers may fairly and legally develop, implement and maintain commission compensation agreements. Report Link New York Highest Court Upholds Employers' Right to Set Terms of Commission Plans.Jackson Lewis LLP - June 12, 2008 In a decision that is good news to employers, the New York State Court of Appeals held that an employer’s commission plan or the parties’ course of dealing determines when a commission is earned and that prior to such “earning”, New York’s wage deduction limitations are inapplicable. Pachter v. Bernard Hodes Group, 2008 NY Slip Op. 05300 (June 10, 2008). The court also held that “executives” are covered by the New York State Labor Law. In doing so, the court distinguished a prior holding in Gottlieb v. Kenneth D. Laub & Co., 82 N.Y.2d 457 (1993), stating that Gottlieb stands only for the limited proposition that attorneys’ fees are not available for a wage claim brought solely as a common law breach of contract action.
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Count and Sub-Topics Articles Found: 10NO SUBTOPICSEmployment Law Seminars
Reserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and Managers
Online
August 12 2008 Ballard RosenbergThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActWaterbury
2008-8-13 Jackson Lewis LLPStrategies For Keeping The EEOC/DFEH Away & What To Do If They Show UpSan Diego
August 13, 2008 Barker Olmsted & Barnier11th Annual Labor & Employment LawSeattle
August 14-15, 2008 The Seminar GroupPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Eureka
August 14, 2008 Shaw Valenza3rd Annual Virginia Labor and Employment Law SeminarMarion
August 14, 2008 Baker DonelsonThe New Formula for Success: E³ = MC (Employees*Economy*Energy = Managing Costs)Online
August 14, 2008 LittlerFree Lunchtime Webinar: Beat The Summertime Doldrums: The Top Ten Ways To Issue-Proof Your Workplace.Online
August 15, 2008 Fisher & PhillipsPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Sacramento
August 19, 2008 Shaw Valenza LLPA Health Care Providers Guide to Navigating Employment and Labor IssuesMemphis
August 20, 2008 Baker Donelson |
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