How to Properly Characterize Your Workers as Employees or Independent Contractors

This post is part of a new series that specifically discusses employment law issues for startups and small businesses operating in New York State and New York City. Many businesses rely on independent contractors, instead of employees, for their staffing needs.  The reasons for doing so are obvious – among them, savings in labor costs.  … Read more

New York State Expands Whistleblower Law (Effective January 26, 2022)

New York’s existing whistleblower protection law, which allows employees to sue their employers for whistleblower retaliation, has been significantly expanded.  Changes go into effect on January 26, 2022. The existing law protects employees who disclose, or threaten to disclose, to an employer or to public body “an activity, policy or practice of the employer that … Read more

Domestic Violence is an Overlooked Workplace Issue

I recently viewed a continuing legal education program titled “Domestic Violence: A Primer on Accommodations and Discrimination in the Workplace” (presented by the American Bar Association Commission on Domestic & Sexual Violence, Civil Rights and Social Justice Section and ABACLE) and was struck by how little this issue has presented itself in my practice.  Domestic … Read more

Important Update: All New York Employers Must Implement HERO Act Workplace Safety Plans to Help Protect Workers from COVID-19

Yesterday, on September 6, 2021, New York Governor Kathy Hochul announced the New York State Department of Health’s designation of COVID-19 as an airborne infectious disease.  This designation triggers employer obligations to implement workplace safety plans under New York State’s HERO Act. The plans adopted by employers must address a number of safety measures including, … Read more

Time to Get Those New York HERO Act Plans Ready (Deadline is August 5)

In a prior post, we discussed the Hero Act, which requires all employers in New York State to adopt a prevention plan to protect against further spread of COVID-19 and other airborne infectious diseases in the workplace.  On July 6, 2021, the New York Department of Labor published a general airborne infectious disease exposure prevention … Read more