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No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law Posted on: April 18, 2022 In: Labor & Employment
Retaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law.
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new york, labor law, retaliation, wage and hour, kickbacks
New York State Human Rights Law Amendments for the First Quarter of 2022 Posted on: March 28, 2022 In: Labor & Employment
New York continues to be in the vanguard with respect to amending its anti-discrimination laws to expand employee rights and remedies. This post addresses the most recent newly adopted amendments, but it appears more significant amendments are imminent. We will advise as the law continues to be amended.
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new york, human rights law, anti-discrimination, anti-harassment, employment law
Recent Amendment to New York State Technology Law Demonstrates Rapid Evolution of Privacy Laws Posted on: December 29, 2021 In: Data Privacy & Cybersecurity
On December 22, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill 7019, amending New York State Technology Law § 209 in an effort to remedy the miscommunications between various state agencies regarding notices of data breaches. The law now requires the Office of Information Technology Services to take certain steps when it discovers a data breach or network security breach. We discuss the background and details of the new law in this post.
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legislative alert, new york, breach notification, personal information, office of information technology services
New Electronic Monitoring Disclosures for New York Employers Posted on: November 18, 2021 In: Labor & Employment
Many employers have already acted wisely by adopting policies to advise their employees that the employer reserves the right to engage in electronic monitoring of employee communications by phone and email, as well as employee internet access and usage. Effective May 7, 2022, New York employers will be obligated to adopt and enforce such policies if they do engage in such monitoring.
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new york, legislative alert, electronic montoring, data privacy, employment law
What Employers Need to Know About New York’s Expanded Paid Family Leave Law Posted on: November 15, 2021 In: Labor & Employment
On November 1, 2021, New York Governor Kathy Hochul signed into law a bill to expand New York’s Paid Family Leave Law to cover paid time off to care for siblings. The bill, Legislation S.2928-A/A.06098-A, does not go into effect until January 1, 2023. Nevertheless, employers should begin preparing for compliance with the updated law as the new year will be upon us very soon.
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new york, paid leave, family leave, benefits, human resources, legislative alert
For New York Employers, “You Break It, You Pay For It” Policies May Create Problems Posted on: July 12, 2021 In: Labor & Employment
Employers expect their employees to execute their job duties properly. However, the reality is that accidents happen or, worse, employers end up hiring employees who consistently exhibit substandard performance. A worker’s poor job performance can sometimes cause a company to incur costs to fix mistakes. While larger corporations may be inured to such “cost of doing business” expenses, smaller employers may be less tolerant. This post addresses legal issues under New York law when these concerns arise.
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new york, labor law, compensation, faithless servant doctrine, human resources
New York Joins Growing Trend of Marijuana Legalization, Welcomes New Protected Class Posted on: April 16, 2021 In: Labor & Employment
Joining other states on the marijuana bandwagon (most recently, New Jersey), New York has officially legalized recreational use of marijuana for adults aged 21 and older. The Cannabis/Marijuana Regulation and Taxation Act (MRTA), signed by Governor Cuomo on March 31, 2021, allows adults to possess, purchase, display, obtain, and transport marijuana in limited quantities, effective immediately. Of note for employers, the MRTA creates a new protected employee class.
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new york, marijuana, mrta, protected class, employment law
Voting-Leave Laws: What Employers in New York Should Know Before Election Day Posted on: October 12, 2020 In: Labor & Employment
On Tuesday, November 3, 2020, Americans will have an opportunity to exercise their right to vote in the presidential election. With Election Day fast approaching, employers should know whether they are required to provide employees with time off to cast their ballots at the polls. Even though many states have expanded absentee voting in light of the COVID-19 pandemic, employers must still be mindful of the laws in their state concerning an employee’s ability to visit the polls during the workday.
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election law, voting, paid leave, new york, employment law
New Year, New Protections for Prospective Employees in New York Posted on: November 20, 2019 In: Labor & Employment
As one year ends, another begins. And as New York employers turn the page on another busy year in labor and employment legislation, they should be mindful of several new laws set to become effective in 2020. The new laws will require additional compliance efforts, making the end of the year a good time for a thorough review of payroll and hiring practices.
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new york, nyc, minimum wage, salary history inquiry, marijuana
Legislative Alert: New York Expands Data Breach Obligations for Credit Reporting Agencies Posted on: August 15, 2019 In: Data Privacy & Cybersecurity
New York Governor Andrew Cuomo has signed into law Senate Bill S3582, which further expands obligations owed to consumers when a data security breach affects a credit reporting agency.
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legislative alert, new york, data breach, credit reporting, equifax, breach notification
Legislative Alert: New York Amends Its Data Breach Notification Law Posted on: August 12, 2019 In: Data Privacy & Cybersecurity
New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, Senate Bill 5575B/Assembly Bill 5635B. The SHIELD Act updates the state’s existing data breach notification law, N.Y. Gen. Bus. Law § 899-aa, and creates a new section, § 899-bb, requiring reasonable data security for “private information” and granting enforcement powers to the attorney general against non-compliant entities.
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legislative alert, new york, breach notification, consumer notification, data breach
NY Cyber Regs Compliance Deadline Looms for Financial Firms Posted on: August 10, 2017 In: Data Privacy & Cybersecurity
Protecting sensitive customer and business information from data thieves is nothing new for the financial industry. But come...
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new york, department of financial services, financial firms, incidence response plan, cyber threat