Labor & Employment Law

New York Wage Theft Prevention Act

Posted on March 28, 2011
Oh boy.  We can thank our former Governor Patterson for this latest record keeping nightmare.  While it is true that there are a slew of evil employers out there, the good ones are going to be annoyed about the new Wage Theft Prevention Act which may well turn your employees into mini litigators...

First NFL Work Stoppage Since 1987 Begins As Owners Lock Out Players

Posted on March 18, 2011
That Point of No Return has Passed – the NFL Lockout Begins Midnight Friday, March 11, National Football League owners and players put one of the country's most popular sport events on hold by breaking off labor negotiations hours before their contract expired...

Why Are We Still Feeling 'Weird' After This Daylight Savings Time Switch? Or, Can the Daylight Savings Time Switch be Hazardous to Our Health?

Posted on March 15, 2011
This time each year clocks throughout the United States jump forward to mark the start of Daylight Savings Time – the practice of temporarily advancing clocks during the summertime so that afternoons have more daylight and mornings have less. The practice has been criticized because it is said that people's livelihoods can be dramatically affected by DST, both positively and negatively – retail, sports and other events both benefit from extra daylight, for example, while this change can cause problems for farming and forms of evening entertainment, and other occupations and activities that are tied to the sun in a different manner; not to mention other things that rely on precise synchronized timekeeping, which can include everything from business meetings, travel, billing, record keeping and medical devices and sleep patterns, to name a few...

Nope: Employers are NOT Required to Report the Cost of HC Plans on 2011 W-2

Posted on October 16, 2010
In an interesting twist, the IRS just released a notice alerting employers that they do not have the include the cost of employer sponsored health care coverage on employees' W-2's for the 2011 tax year.  Specifically: "This notice provides interim relief to employers with respect to reporting the cost of coverage under an employer-sponsored group health plan on Form W-2, Wage and Tax Statement, pursuant to § 6051(a)(14) of the Code...

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A Taste of Things to Come for All Employers in New York

Posted on October 08, 2010
I haven't expressed my consternation on this blog in a while and now it's time.  Perhaps it is because I work with a lot of wonderful employers who are trying, in an economic downturn going on two years, to do the right thing by their employs...

Beware of the Nice Things Your Employees Say

Posted on September 29, 2010
The Federal Trade Commission recently published guidelines regarding testimonials and endorsements in advertising.  The goal of the update was to address blogs and social media. So why should HR professionals and employment lawyers care about this?  Because, it's your employees who are saying all of those nice things...

Salary Surveys: That Time of Year... to Get Into Trouble

Posted on September 16, 2010
This is the time of year that HR professionals pick up the pace of conducting salary surveys in their planning process for the new year.  What many don't know is that anti-trust issues threaten to bite back at the unsuspecting. I recent;y tweeted about a legal settlement that occurred among major software developers that prohibited them from "agreeing" not to poach each others ranks for employees...

Hurricane Preparedness for Employers

Posted on August 30, 2010
As everyone watches the coming of Earl, HR professionals should be considering the impact on their employees and businesses.  A recent article on hurricane preparedness for employers provides a brief overview of the regulatory issues that often arise in such situations...

NY State SHRM Annual Conference

Posted on August 10, 2010
I'm getting ready for the upcoming New York State SHRM Annual Conference in Saratoga on September 12 - 14 .  I'll be presenting on a panel about twittering/social media and presenting a workshop on Workplace Investigations which will dovetail with my book on workplace investigations...

Final Rule On Electronic Storage of I-9's

Posted on July 26, 2010
The final rule regarding the electronic storage of I-9s has recently been issued. Separate and apart from the E-Verify system that some employers use, these new rules address only how records are prepared and stored.   While employers have been able to store these records electronically since 2006, the new rules seek to make a few changes...

Break Time for Nursing Mothers Under the FLSA

Posted on July 16, 2010
The Health Care reform legislation everyone has been talking about has a provision which affects the rights of nursing mothers.  While we have related legislation in New York, the federal Wage and Hour Division has recently issued a FACT SHEET with its interpretation of the new nationwide requirements...

Interns, Volunteers or Unpaid Workers?

Posted on July 06, 2010
Yes, this is somewhat related to workplace issues!  A week or so ago, the crew of Extreme Makeover Home Edition converged on Long Island and Alure Home Improvements ran the demolition and rebuilding of a house here on Long Island.  A slew of St...

Expanded Definition of Son or Daughter Under FMLA

Posted on June 30, 2010
The Wage and Hour Division of the US DOL has provided an interesting twist in its interpretation of how the Family and Medical Leave Act applies when there is no legal or biological parent-child relationship. Generally, the FMLA defines a 'son or daughter' as a 'biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is— (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability...

Section 193 of the NY Labor Law and Deductions From Pay

Posted on June 28, 2010
There has been a lot of discussion of late on the subject of payroll advances, recouping employee loans and such from employee pay in New York.  And, not surprisingly, the NYS Department of Labor has changed its position on permissible deductions...

Revised Federal Tax Bill Does NOT Include COBRA Subsidy Extension

Posted on June 22, 2010
For those who are still wondering about the ongoing COBRA subsidy, it looks as though it has finally reached its end (so far, anyway).  The recent tax bill proposed in Congress does not include an extension and the subsidy therefore will not be applicable to those laid off after May 31, 2010...

Social Networking Sites and Employment: Watch Out for GINA

Posted on June 15, 2010
There has been quite a buzz of late on the use of information found on social networking sites in employment.  Often the concern arises when information that may become the basis of an adverse employment decision is found and relates to a protected characteristic...

Executive Order 13496 Requires Notice to Employees of Right to Organize

Posted on June 01, 2010
Make room on your corporate bulletin boards.  Federal contractors and subcontractors are now required to inform employees of their rights under the National Labor Relations Act (NLRA). The notice, prescribed in the Department of Labor's regulations, informs employees of Federal contractors and subcontractors of their rights under the NLRA to organize and bargain collectively with their employers and to engage in other protected concerted activity...

Faragher-Ellerth Defense Not Available to NYC Employers

Posted on May 17, 2010
In Zakrzewska v. The New School, the NY State Court of Appeals issued a blow to employers in New York City who have relied upon the Faragher-Ellerth Defense in sexual harassment claims.  Generally under the Faragher-Ellerth Defense employers an employer may avoid liability for sexual harassment claims under Title VII of the Civil Rights Act of 1964 for acts committed by a supervisory employee if it can demonstrate the following:  1) that there was no tangible employment action taken against the individual, 2) that the employer acted promptly and responsibly to correct any harassing behavior, and that the employee failed to avoid harm otherwise...

EEOC Issues Guidance on Use of Credit Checks in Employee Selection

Posted on May 05, 2010
In an advisory letter, the EEOC discusses the subject of disparate impact discrimination under Title VII and whether the practice of using the information obtained in a credit check as a selection criteria for job applicants would have an adverse impact on members of protected groups...

Guidance For Interns - About Time!

Posted on April 30, 2010
In time for Summer and college breaks, the US Department of Labor has issued guidance on the use of unpaid interns.  This guidance could not come soon enough as far as I am concerned. I am amazed, particularly in this economy, how many employers use 'interns' to perform work that should be done by employees...

COBRA Extended Again

Posted on April 17, 2010
As I have previously discussed extensively here, the COBRA subsidy has been extended yet again.  This time through May 31, 2010.  This means that those who lost their jobs are now eligible for the subsidy, so long as the job loss occurred before May 31st...

Pfadenhauer has ANOTHER Blog? YUP!

Posted on April 11, 2010
Yup.  I know, I am crazy.  But, every once in a while something BIG happens that will have such a profound impact on the workplace, human resources professionals and employment law, that it's worthy of  A LOT of attention...

Workplace Bullying Gaining More Attention

Posted on April 11, 2010
...and rightfully so.  We recently witnessed a highly publicized case of a young lady who was allegedly the victim of bullying at school.  One of the major issues her is the fact that when some of us were kids, the bullies were met in the school yard, on the way home, etc...

More on the HIRE Act

Posted on March 31, 2010
The recent HIRE Act requires that an individual sign an affidavit attesting to certain requirements that would make the employer eligible for the Social Security tax exemption under the law.  The IRS is planning on issuing a model affidavit for employer's use (as indicated on its website)...

Model CHIP Notice Available - Deadline for Distribution Looming

Posted on March 26, 2010
Last year President Obama signed the Children's Health Insurance Program Reauthorization Act of 2009. CHIPRA includes a requirement that the Departments of Labor and Health and Human Services develop a model notice for employers to use to inform employees of potential opportunities currently available in the State in which the employee resides for group health plan premium assistance under Medicaid and the Children's Health Insurance Program (CHIP)...

Hiring Incentives to Restore Employment (HIRE) Act

Posted on March 20, 2010
The new HIRE Act, signed by President Obama on March 18th provides tax incentives to those employers who hire unemployed workers. Several important tax breaks are available: If an employer hires, between February 3, 2010 and January 1, 2011, someone who has not been employed for more than 40 hours in the previous 60 days (as of that employee's start date), the employer is excused from paying the employer portion of the Social Security tax otherwise paid by the employer (6...

Like NY, the Federal Government Now Targeting Employers Who Hire Independent Contractors

Posted on February 14, 2010
For those of us in New York State, we have been experiencing an increase in scrutiny by the state concerning the misclassification of employees as independent contractors.  Now the federal government has gotten into the game and made this issue part of its federal budget...

Caution When Conducting Background Checks

Posted on February 05, 2010
All too often when HR professionals are looking to conduct background checks on applicants, they first delve into the issue of price and then, maybe but not likely, delve into the issue of competence, integrity and accuracy.  An interesting post over at fellow Lexbloggers and friends at Bond Schoeneck & King's New York Employment Law Report demonstrates the concerns associated with complying with  both the Federal and the New York Fair Credit Reporting Acts...

HR 3326 - ARRA COBRA Provisions Extended

Posted on December 22, 2009
My blogging has been scarce of late due to grading finals and papers, but it should be noted that yesterday President Obama signed into law HR 3326 which extends the C.O.B.R.A. subsidy provisions under A.R.R.A.  Technically HR 3326 is the Department of Defense Appropriations Act of 2010...

Yup: NYSDOL Flips on Requirement to Use its Form for Notice of Pay Rate and Payday for New Hires

Posted on December 06, 2009
Lovely.  Let's [NOT] thank our fine New York State Department of Labor for its communication skills!  A few weeks ago, they managed to put everyone into a tizzy by announcing that employers had to use their own poorly written, misleading form to inform employees about their wage rate on hire...

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