Articles
NLRB Moves Closer to Banning Use of Noncompetes and Other Restrictive Covenant Agreements
On May 30, 2023, the National Labor Relations Board (“NLRB”) General Counsel, Jennifer Abruzzo, issued a memo titled “Non-Compete Agreements that Violate the National Labor Relations Act.” The memo details how the NLRB views non-compete agreements between employers and employees and suggests that, generally, non-compete agreements violate employees’ rights under the NLRA. Importantly, a memo […]
Further Update on NY Healthcare Budget
Since our alert on the status of the healthcare (and home care) budget was issued, we have received more information about the wage (not benefit) changes to home care worker compensation. We’ve also received a significant influx of questions about the minimum wage, benefit, timeline, programmatic, and other implications of what is – to our […]
Effective Immediately, New York Will Cease Enforcement Of Covid-19 Vaccine Mandate For Healthcare Workers
The New York State Department of Health has now issued a Dear Administrator Letter (“DAL”), confirming that it has started to roll back the regulation that had required healthcare workers to be vaccinated against COVID as a condition of working in licensed home care services agencies, as well as other entities licensed under the Public […]
CMS Releases Guidance Regarding End of COVID Staff Vaccination Requirements and Other Protocols
The Centers for Medicare & Medicaid Services (CMS) released a new regulatory memo QSO-23-13-ALL entitled Guidance for Expiration of the COVID-19 Public Health Emergency (PHE) on May 11, 2023. The memo outlines each waiver CMS put into place during COVID-19 and how the end of the PHE will affect those waivers. Additionally, the memo outlines […]
NLRB Decision Restores Protection for “Worker Outbursts”
In a decision that will impact employers’ ability to enforce civility and professional conduct rules in the workplace, the National Labor Relations Board (“NLRB” or the “Board”) released a decision in Lion Elastomers LLC II, 372 NLRB No. 88 (2023), that has profound implications for both employers and employees. The underlying facts involved an employee […]
NYC Passes Law Prohibiting Employment Discrimination on the Basis of Height or Weight
On May 11, 2023, the New York City Council adopted a bill to amend the New York City Human Rights Law to include prohibitions on discrimination based on height and weight. This bill adds “height and weight” to the list of categories protected by Title 9 of the New York City Administrative Code, specifically to […]
Update on NY Healthcare Budget: Implications on Home Care
Sections of the health care budget seem to be slowly being released as the Legislature and the Governor work feverishly to finalize the New York State budget this week. By all accounts in Albany, the New York State budget will be finalized by the end of this week. We have received what appears to be […]
New York Budget Has Been Finalized
Minimum Wage and Wage Parity The final health and employment bills in the New York State Budget were signed last night. We reported several days ago on the wage parity and minimum wage changes from this year’s Budget as they apply to home care workers. As reported, the following are the newly scheduled minimum and […]
Home Care Employers Take Note “Sweat Bill” Moves Closer to Becoming Law
The SWEAT Bill (full text available here) is yet another well-intentioned but completely unnecessary anti-business piece of legislation that has been resurrected and gained traction with the New York Legislature in the last few days. As the legislative session is wrapping up this week, employee advocacy groups are working diligently in the last few days to […]
Home Care Developments – NYS Governor’s Budget
Yesterday’s publication of the Governor’s Budget kicks off what promises to be an exciting Budget season for anyone in healthcare. In no particular order, below are the Proposals contained in the Governor’s Memorandum in Support of the Health and Mental Hygiene sections of the Budget: If you’d like to read up on any of these proposals, please […]
Gov. Hochul’s Executive Budget Proposal Contains CON-Like Review of Certain Physician Practice Control Transactions
Responding to what is termed a lack of sufficient oversight of “unregulated” non-Article 28 practices and management services organizations, Governor Hochul proposed within her 2023-2024 Executive Budget submission legislation that would require certain transactions made related to these organizations to be reviewed and approved by the state Department of Health. If enacted, the proposal would […]
NY DOL Proposes Updates to Model Sexual Harassment Prevention Policy
The New York State Department of Labor (“DOL”) has published an updated model Sexual Harassment Prevention Policy. The proposed policy is subject to public comment until February 11, 2023, after which the DOL will adopt a final version of the policy. By way of background, effective October 9, 2018, covered New York employers were required […]
NY Now Requires Electronic Distribution of Mandatory Workplace Posters
Effective December 16, 2022, Labor Law Section 201 was amended to require New York employers to provide employee rights notices electronically. Traditionally, employers satisfied their workplace notice posting requirements by physically posting government-issued posters in the workplace, often on bulletin boards or pre-printed posters. However, with this amendment of the Labor Law, employers are now […]
NY DOL will Soon Issue New Requirements for Employers’ Mandatory Sexual Harassment Policies
The New York Department of Labor announced that it will release an updated Sexual Harassment Prevention Model Policy following a comprehensive effort to gather and review recommendations from stakeholders, including businesses around the State. Also according to the State, key updates to the new policy include: Following the release of the policy, the DOL will […]
Denial of Remote Work Tops COVID-19 Litigation Activity
The impact of COVID-19 on the workplace was expected by many to generate a great deal of employment litigation. Those expectations unfortunately have been met as numerous cases have accrued across the nation based on various claims of discrimination and harassment in the context of a new COVID world. The primary employment claim filed by […]
NYC Launches Mediation Center for Domestic Workers
New York City recently launched a new program addressing wage and other employment issues specifically for the City’s domestic workers. The initiative, termed the “Domestic Worker Mediation Program,” will be overseen by the Center for Creative Conflict Resolution, which is part of the Office of Administrative Trials and Hearings. According to a report by the […]
The Federal “Speak Out Act” Prohibits Certain NDA Clauses Associated with Sexual Assault and Harassment
On December 7, 2022, President Biden signed the Speak Out Act into law. The law takes effect immediately and it limits the enforceability of pre-dispute nondisclosure and non-disparagement provisions relating to disputes involving sexual assault and sexual harassment. Thus, agreements in which employees agree to keep confidential any future sexual assault or harassment claims arising within their employment […]
Upstate Minimum Wage for Home Care Workers is Going up by $1.00, not $0.70
In August, the Department of Health (“DOH”) held a presentation for MLTCs regarding the State’s rate setting for Medicaid services. On one of the PowerPoint slides, the DOH noted that the minimum wage (“MW”) rate for upstate home care workers would be increased by an additional $.70 (on top of the $2.00 that was going into […]