Personnel Policies

At-Will Employment Challenged by New York City Ordinance

Currently, employees in the fast-food industry, like employees in every other industry in New York City, are considered “at-will” employees.  That is, they can be fired for any lawful reason, or no reason at all. However, at-will employment in New York City’s fast-food industry is slated to come to an end this summer.  An ordinance […]

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New Law Mandates Employers Pay COBRA Benefits

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “Act”) into law.  The Act mandates that employers provide 100% of an eligible employee’s cost of continuing group health coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) for the period of April 1, 2021 through September 30, 2021. Employers

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OSHA Targets Employers That Retaliate Against Workers Raising COVID-19 Concerns

The Occupational Safety and Health Act (the “Act”) prohibits employers from retaliating against employees because they report unsafe and unhealthy work conditions, whether internally or to the Occupational Safety and Health Administration (OSHA).  OSHA, the federal agency which administers and enforces the Act, has begun an aggressive campaign to investigate employers who have been accused

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COVID-19 Vaccines and Employer Liability

Employers are exploring their options for mandating or encouraging workers to get COVID-19 vaccinations.  They may even want to offer vaccines onsite when they are available.  So can an employer be held liable if a worker has an adverse reaction to the vaccine? The safety of the vaccines currently approved by the FDA, combined with

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INCREASE IN MINIMUM WAGE ON LONG ISLAND AND WESTCHESTER COUNTY

The minimum wage increased on December 31, 2020 on Long Island as well as Westchester County from $13.00 per hour to $14.00 per hour. All employees must be paid at least that amount of monies per hour for all hours worked, plus time-and-a-half for overtime. Feather Law Firm, P.C. strongly urges all employers to pay

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Governor Cuomo Announces Paid Sick Leave, Job Protection for Quarantined Workers

Gov. Andrew Cuomo announced Tuesday that the New York State Legislature has agreed to a paid sick leave policy and job protection for New York employees quarantined by COVID-19. For workers who are subject to mandatory or precautionary orders of quarantine or isolation, the new legislation provides that employers with 10 or fewer employees and

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NEW YORK CITY’S NEW PAYCHECK FAIRNESS ACT

A new New York City law, set to go into effect in October, 2017, will bar employers within the five boroughs from asking job candidates about their salary history. The law is meant to address the issue of pay inequality between men and women, as well as wage discrimination against minorities.  In 2015, women earned

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NEW YORK CITY’S NEW FAIR CHANCE ACT

New York City’s Fair Chance Act went into effect on October 27, 2015.  It is now illegal for most NYC employers to deny employment based on an applicant’s criminal record. This law bans ads specifying things like “no felonies” or “background check required”, and further prohibits questions about criminal history on job applications and during

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THE WAGE AND HOUR PERILS OF OFF-HOURS SMARTPHONE USE

“Implicit compulsion” In the last several years, the courts have seen a flood of lawsuits in which groups of employees claim the time they spend reading and responding to e-mail should be considered work time and therefore paid.  In many cases, they’re successful. Employees are often are expected to check their e-mail, and it’s not

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COMBATING THE HIGH COST OF ABSENTEEISM

Unscheduled absenteeism costs American businesses billions of dollars every year, according to the U.S. Bureau of Labor Statistics (BLS). There are myriad potential costs to take into account, including:  Overtime; Paid Sick Days; Use of temporary or “relief/reserve” employees; Reduced productivity; Poor quality of goods or services resulting from replacement workers’ inexperience or fatigue; Administrative costs associated

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