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HTMLInsurer Disaster Response Protocols Established During Sandy Become Permanent
Goldberg Segalla LLP;
Legal Alert/Article
November 20, 2013, previously published on November 19, 2013
In late October, the New York State Department of Financial Services (NYDFS) announced the creation of a new Emergency Disaster Protocol (EDP) for insurers during natural disasters and other severe weather activity. The EDP is largely based off of protocols and measures adopted in the wake of...

 

HTMLNew Jersey Adds Minimum Wage with Automatic Increases to Its Constitution
Goldberg Segalla LLP;
Legal Alert/Article
November 19, 2013, previously published on November 14, 2013
On November 5, New Jersey became the fifth state to add a minimum wage to its state constitution with 61 percent of voters supporting the ballot question. This was a hotly contested issue as business groups and unions spent significant money and time advocating for their respective positions. The...

 

HTMLLady Gaga Settles Personal Assistant’s FLSA Overtime Lawsuit
Goldberg Segalla LLP;
Legal Alert/Article
November 5, 2013, previously published on November 1, 2013
Lady Gaga is back in the news, but this time it has nothing to do with her music; just days before trial, the singer — real name Stefani Germanotta — settled a 2011 lawsuit filed by a former personal assistant. It is a case that reminds employers of all sizes that unless their...

 

HTMLCourt Rules Unpaid Interns May Not Sue For Sexual Harassment Under NYC Civil Rights Statutes
Goldberg Segalla LLP;
Legal Alert/Article
October 16, 2013, previously published on October 15, 2013
The topic of unpaid interns has generated a lot of buzz in the employment law world after a flurry of recent lawsuits in which interns sought repayment under the Fair Labor Standards Act. However, an October 3 decision from the Southern District of New York has taken the topic into a new direction:...

 

HTMLWorkers’ Compensation Law § 25-a Is Closing — Are You Prepared?
Goldberg Segalla LLP;
Legal Alert/Article
October 7, 2013, previously published on October 4, 2013
Employers, take note: Workers’ Compensation Law § 25-a, which sets the eligibility for transferring cases to Special Funds Conservation Committee, closes on January 1, 2014.

 

HTMLOff-the-Cuff Remarks May Create Questions of Fact in Discrimination Cases
Goldberg Segalla LLP;
Legal Alert/Article
September 27, 2013, previously published on September 26, 2013
In Thompson v. ABVI Goodwill Services, 2013 U.S. App. LEXIS 18680 (2nd Cir., Sept. 9, 2013, unpublished decision), the Second Circuit upheld the District Court’s dismissal of an age discrimination case. The court held that the plaintiff’s supervisor’s comments indicating the...

 

HTMLFinal Rule Expands Application of the Fair Labor Standards Act’s Minimum Wage and Overtime Pay Provisions to Domestic Service Workers
Goldberg Segalla LLP;
Legal Alert/Article
September 27, 2013, previously published on September 26, 2013
The U.S. Department of Labor (DOL) recently revised its own regulations to significantly narrow the definition of what it called “companionship services” so that many direct care workers — such as certified nursing assistants, home health aides, personal care aides, and other...

 

HTMLNational Labor Relations Board Announces Foray Into Smartphone and Tablet Technology
Goldberg Segalla LLP;
Legal Alert/Article
September 27, 2013, previously published on September 26, 2013
The National Labor Relations Board (NLRB) recently announced that it would enter the world of smartphone and tablet applications (better known as “apps”) and provide employers, employees and unions with information regarding their rights and obligations under the National Labor...

 

HTMLAt-Will Employment Rule in New York: An Employer May Unilaterally Change Terms
Goldberg Segalla LLP;
Legal Alert/Article
September 19, 2013, previously published on September 16, 2013
On August 14, the New York Supreme Court Appellate Division, Second Department issued a decision in Minovici v. Belkin recognizing that the employment relationship under common law is presumed to be a hiring at will terminable at any time by either party. Even though the plaintiff and the employer...

 

HTMLEmployers’ Response to Affordable Care Act May Complicate Workers’ Compensation Claims
Goldberg Segalla LLP;
Legal Alert/Article
September 19, 2013, previously published on September 16, 2013
The coming implementation of the Patient Protection and Affordable Care Act may result in unintended consequences at the state level in reference to workers' compensation designs and regulations.

 


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