New York State Education Department Releases Guidance to Help Schools Comply with the Dignity Act
In November 2010, we alerted you to the passage of the Dignity for All Students Act (the "Dignity Act"), an act amending the New York State Education Law to provide that no student shall be subjected to "harassment" by employees or students on school property or at a school function. The Dignity Act, which takes effect on July 1, 2012, requires school districts to, in part, revise their codes of conduct and adopt policies intended to create a school environment free from harassment and discrimination. This article discusses the requirements for school policies and codes of conduct under the Act.
New York High Court Refuses to Extend Exception to Employment-at-Will Doctrine to Chief Compliance Officer at Securities Firm
Reaffirming the continuing viability of New York State’s at-will employment doctrine, the New York Court of Appeals has rejected a wrongful discharge cause of action brought by a compliance officer who claimed to have been terminated for questioning the personal stock trades of the company’s president. Sullivan v. Harnisch, No. 82 (N.Y. May 8, 2012).
New York Court: Plaintiff Must Identify Trade Secrets
A conundrum employers face when protecting trade secrets is the obligation to identify the very secrets to be protected in litigation. A critical issue in the context of discovery is the extent to which trade secrets must be disclosed and identified by the plaintiff. When the secret is something as technical and unique as a computer source code alleged to have been used to augment a competitor’s source code library, the requirement to identify the misappropriated secret with “reasonable particularity” early in the case may become the “case within the case.”
New York State Tax Changes Effective April 1 Will Benefit Independent Schools
For calendar quarters beginning on or after April 1, 2012, certain private schools previously subject to New York’s Metropolitan Commuter Transportation Mobility Tax (the “MCTMTâ€) will now be exempt from paying such tax.
New York’s Marriage Equality Act and its Effect on Welfare and Pension Benefits
In June 2011, Governor Andrew Cuomo signed the Marriage Equality Act into law, making New York the sixth state to permit same-sex couples to marry. The law became effective on July 24, 2011.
New York's Wage Theft Prevention Act Requires Notice to Employees
Executive Summary: On or before February 1, 2012, New York employers must provide notice to employees as required by the state's Wage Theft Prevention Act (WTPA).
Notice Deadline Looming Under NY Wage Theft Protection Act
Employers with operations and employees in New York State should by now be aware that the first notice to all employees regarding their pay status, required by the N.Y. Wage Theft Prevention Act (WTPA), must be given by January 31, 2012, and annually from now on. If you have not given these notices by now, you should have plans to do so before the end of the month. Fisher & Phillips described the requirements imposed by the WTPA in an Alert that was distributed in April 2011.
Exempt or Non-Exempt Employee? The Wrong Response Can Cost You
Mandatory wage notice. Before February 1, 2012, all New York employers, for the first time, must provide all their employees with written wage notices required under the Wage Theft Prevention Act, and annually thereafter. These written notices, in English and the employee's primary language, must contain certain information, including the employee's rate of pay (including overtime rate of pay for non-exempt employees), the basis of the employee's wage payment (e.g. hourly, weekly, salary, commission, etc.), any allowances against the minimum wage, the employer's regular payday and other employer information, such as any "doing business as" names.
Don't Forget to Ring in the New Year with New York State's Newest Employee "Notification" Requirement
Mark your calendars - the New Year brings new employee notification requirements, courtesy of New York's legislature and its former Governor, David Paterson. The dubiously-named "Wage Theft Prevention Act," which became effective April 9, 2011, requires all private sector employers with New York employees (regardless of how many) to provide those employees with a "pay notice" at the time of hire and, subsequently, on a yearly basis. The first "yearly" notice period begins January 1, 2012. Thus, employers have from January 1, 2012 through February 1, 2012 to provide a "pay notice" to employees, which must contain the following:
New York Employers Must Issue First Annual Wage Theft Prevention Act Notice in January 2012
New York’s landmark Wage Theft Prevention Act requires employers to issue to all New York employees an annual notice complying with the requirements of New York Labor Law § 195 (as amended by the Act). The statute became effective in April 2011 and the first annual notice must be provided prior to February 1, 2012. The notice obligations are discussed in our article, New York Wage Theft Prevention Act Update: State DOL Issues Model Forms and Guidance. Notice can be provided electronically as long as certain requirements are met.
