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Showing 11 posts by Richard Reice.

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DOL Is Requiring Employers to Post Families First Employee Rights Notice

As Michelman & Robinson previously reported, certain employers must provide their employees with paid sick leave and expanded family and medical leave for reasons related to the COVID-19 pandemic—this according to the recently passed Families First Coronavirus Response Act. Now, the U.S. Department of Labor is requiring that employers covered by the Families First Act post information about its benefits in poster form. M&R fleshes out the DOL mandate. (Read More)

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HHS Relaxing Enforcement of HIPAA to Facilitate Sharing of Information During the COVID-19 Crisis

HIPAA—the Health Insurance Portability and Accountability Act of 1996—established a set of national standards to protect the privacy of a person’s physical or mental health or condition, and the health care provided to that individual. In fact, HIPAA’s privacy rules directly address the use and disclosure of a patient’s health information by health care providers, group health plans, and others. But in the shadow of the coronavirus (COVID-19) pandemic, HHS (the U.S. Department of Health and Human Services) has taken steps to ensure that hospitals and health care professionals are shielded from punishment when they share a patient’s coronavirus-related information without that patient’s prior approval, despite applicable HIPAA restrictions. Michelman & Robinson explains. (Read More)

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Michelman & Robinson’s Guide to Coronavirus-Related Paid Sick Leave and Unemployment Insurance Laws in the Tri-State Area

As one of the many unfortunate results of the coronavirus pandemic, employees nationwide will be laid off or otherwise furloughed. Consequently, the governors of New York, New Jersey and Connecticut have signed into law measures to help ease the disruption to employees and their employers. Michelman & Robinson provides an overview. (Read More)

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Telecommuting in the Age of Coronavirus

In the wake of the coronavirus (COVID-19) pandemic and calls for social distancing, more and more companies are having employees work from home in order to limit the spread. Some of these telecommuting decisions have been made voluntarily, while other businesses have been governmentally mandated to limit the number of employees on site. Some counties, like several in California’s Bay Area, have issued “shelter in place” or similar orders, and just this morning, New York Governor Andrew Cuomo has commanded non-essential businesses in the state to have 50% of their workforces working from home at any given time. (Read More)

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M&R Coronavirus Risk Mitigation Team: A Multi-Disciplinary Legal Team Ready To Immediately Address A Host Of Coronavirus-Related Issues for Businesses, Quickly And Holistically

In the wake of the coronavirus (COVID-19) outbreak, which has had an unprecedented impact on how businesses operate around the world, Michelman & Robinson, LLP has announced the formation of an interdisciplinary risk mitigation response team to assist companies across sectors adversely affected by the pandemic.

(Read More)

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Michelman & Robinson Breaks Down the Families First Coronavirus Response Act

The House passed sweeping legislation Saturday to respond to the coronavirus outbreak, an overwhelmingly bipartisan vote to expand access to free testing, provide $1 billion in food aid, and extend sick leave benefits to vulnerable Americans. Here, in question and answer form, Michelman & Robinson, LLP addresses some of the employment and tax implications of the bill that may be of particular interest to you.

(Read More)

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Employment in the Time of Coronavirus: Managing Your Workforce in the Face of a Global Pandemic

Coronavirus (COVID-19) is the largest viral outbreak in the past hundred years and has already made an unprecedented impact on how businesses operate around the world. As of this date, coronavirus has disrupted travel and industry across Asia, and is now beginning to spread across Europe and the United States in what the Center for Disease Control (CDC) refers to as "an emerging, rapidly evolving situation." It is clear that coronavirus is a global health issue that will have a lasting effect in the weeks and months to come. Already, supply chains and production lines are being severely disrupted, travel bans have been implemented, and public and private events have been canceled. Additionally, as testing methodologies improve, the number of people identified as having coronavirus will continue to increase.

(Read More)

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The Department of Labor Has Spoken: New Joint Employer Liability Rule Becomes Final

In a dramatic departure from the rather flexible standard for joint employer liability embraced under the Obama administration, the Department of Labor has announced a final rule regarding joint employer status under the Fair Labor Standards Act (FLSA) that will surely please employers. It becomes effective in mid-March. The new rule is, in part, a response to the business community’s outcry against prior decisions finding franchisors to be joint employers of their franchisees’ employees, even when those franchisors lacked control over the terms and conditions of workers’ employment. (Read More) 

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Attention New York Employers: Sweeping Changes Have Been Made to the State’s Discrimination Law

Summer Associate Adam Korn contributed to this post

In the wake of the #MeToo Movement, New York has become the most recent state to make it easier for employees to bring sexual harassment lawsuits against their employers. On August 12, 2019, Governor Andrew Cuomo signed legislation into law that lowers the bar for what is considered workplace harassment and eliminates many of the barriers employees have faced in litigating these claims. Here’s how: (Read More)

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New York Cannot Prohibit the Arbitration of Sexual Harassment Claims

Last year, amid the growing #MeToo movement, New York enacted a law that prohibited the mandatory arbitration of sexual harassment claims. The law declared any such contract provision entered on or after July 11, 2018, to be “null and void.” N.Y.C.P.L.R. 7515 (“7515”). Even before it was passed, legislators were concerned about the law’s ability to withstand challenge that it was preempted by the Federal Arbitration Act (FAA), which provides for the judicial enforcement of arbitration agreements and awards (the FAA applies in both state courts and federal courts). The U.S. Supreme Court strongly supports the FAA and has repeatedly ruled that its pro-arbitration mandate must be broadly interpreted. Perhaps aware of 7515’s shaky foundation in light of the FAA, the statute states that it applies “except where inconsistent with federal law.” N.Y.C.P.L.R. 7515(a)(4)(b)(i). (Read More)