Marianne Monroy
Partner/Director
516-393-2212
Employment and Workforce Management
- Overview
- Attorneys
- Insights
Garfunkel Wild’s Employment and Workforce Management Practice Group provides legal advice and litigation defense services to a wide range of business entities, such as healthcare facilities, retail establishments, restaurants, charitable organizations and universities, as well as individual healthcare practitioners, business owners, and entrepreneurs.
Garfunkel Wild prides itself on providing practical and cost-effective legal services. Our clients invest their trust in us, so we make it a priority to understand the business of our clients, their objectives, and priorities. This allows us to give advice and guidance that accounts for business and operational practicalities.
We have decades of experience litigating, arbitrating, and mediating discrimination, harassment, disability, wage and hour, overtime, breach of contract, defamation, whistleblower and retaliation claims in federal and state courts, as well as administrative agencies within the Tri-State area (e.g. Equal Employment Opportunity Commission, New York State Division of Human Rights, New Jersey Civil Rights Commission, Connecticut Commission on Human Rights and Opportunities, and Department of Labor at both the federal and state levels).
This Group routinely counsels clients concerning day-to-day personnel issues and compliance with applicable employment laws and regulations.
We aim to keep our clients out of the courtroom by providing legal guidance and assistance with:
- Leave requests, disability and accommodations matters
- Wage and overtime issues
- Developing and implementing disciplinary and corrective actions
- Employee complaints
- Internal investigations
- Drafting and reviewing employment contracts
- Preparing, defending, endorsing, or challenging restrictive covenants
- Developing employee handbooks and policies
- Conducting training programs for leadership, managers, and staff
- Implementing reductions in force
Unlike other law firms who have a singular or limited practice areas, Garfunkel Wild’s multitude of practice areas has proven invaluable to clients when faced with employment matters that implicate non-employment legal issues. For example, a client may be involved in an employment litigation or investigation that may: (i) trigger reporting obligations to licensure agencies; (ii) raise privacy/HIPAA concerns; (iii) give rise to fraud and/or white collar crime allegations; (iv) uncover potential regulatory or compliance deficiencies; (v) involve property or equipment lease, purchase or sale issues; (vi) implicate website and technology issues; and/or (vii) raise guardianship or estate issues.
In such instances, Garfunkel Wild’s clients routinely enjoy the ability of having Garfunkel Wild meet all of its employment and non-employment legal needs, while avoiding expenses associated with engaging multiple firms to address a single multi-faceted matter.
Practice Group Contacts
Team
Update on New York’s Mandated Paid Prenatal Leave
On April 19, 2024, Governor Hochul signed an amendment to New York’s Paid Sick and Safe Leave Law (New York Labor Law § 196-b), also known as the Paid Prenatal Leave Law (the “Paid Leave”), that will require employers to provide at least 20 hours of paid leave in a 52-week period for pregnant employees to attend prenatal medical appointments and procedures. The New York State Department of Labor (“DOL”) released a Frequently Asked Questions (“FAQs”) that provides some clarity on employees’ rights and employers’ obligations under the amendment.
Federal Court Strikes FLSA Minimum Salary Threshold Increases
Many employers across the country were facing difficult staffing decisions surrounding a 2024 U.S. Department of Labor (“DOL”) regulation that increased minimum salary requirements for thousands of employees. On November 15, 2024, a Texas Federal Court (the “Court”) vacated and set aside a 2024 rule promulgated by the DOL that increased the minimum salary threshold for certain “white collar” exempt employees (the “2024 Rule”). The Court’s ruling affects the increases nationally and restores the minimum salary threshold to the previous minimum established under the Fair Labor Standards Act (“FLSA”).
WCMS Webinar: Best Practices For Enhancing Employee Engagement And Minimizing Risk And Liability
Andrew Zwerling and Marianne Monroy will co-present "Best Practices for Enhancing Employee Engagement and Minimizing Risk and Liability" at the Westchester County Medical Society's CME Webinar.
Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients
Garfunkel Wild's Barry Cepelewicz, M.D. and Andrew Zwerling, will present "Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients" at the Westchester County Medical Society Webinar on Wednesday, September 18, 2024.
Breaking News: Federal Court Blocks FTC’s Non-Compete Ban Nationally
A Texas Federal Judge issued a decision blocking the FTC’s proposed ban on non-compete agreements, which was set to go into effect on September 4, 2024. As previously reported, the Texas Federal Court had issued a preliminary injunction limiting the enforceability of the FTC’s non-compete ban for the individual plaintiff in that lawsuit only. The Judge has now expanded that ruling nationally – preventing the FTC non-compete ban from going into effect.
Preparing for the FTC’s Ban on Non-Competes
What is the Status of the Pending FTC Ban on Non-Compete Agreements? Many clients are asking whether the Federal Trade Commission (FTC) ban has gone into effect and, if not, what the status is currently. As we reported previously, click HERE, the FTC enacted a nationwide ban on most non-compete agreements, subject to certain narrow exceptions, […]
Ensuring Compliance: The Legal and Practical Importance of Accurate Job Descriptions
Garfunkel Wild’s Andrew Zwerling and Harpreet Kaur will host a webinar addressing the legal and practical implications of job descriptions.
AJMA Webinar – Navigating Anti-Semitism at Work
Garfunkel Wild’s Andrew Zwerling and Lauren Levine will address some of the employment issues that physicians and medical students should be aware of regarding navigating anti-Semitism at work.
Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA
On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.
FCMA and HCMA Webinar – FTC Ruling on Employment Non-Compete Clauses
Garfunkel Wild's Salvatore Puccio and Elisabeth Pimentel will present "FTC Ruling on Employment Non-Compete Clauses" at the Fairfield County Medical Association and Hartford County Medical Association's Webinar on Thursday, May 16, 2024.
Managing the Remote Workforce: Employer Best Practices and Legal Considerations
Join Andrew Zwerling and Lauren Levine as they address some of the common issues that employers encounter with remote employees and best practices for addressing these issues as the growing trend of telecommuting continues.
New York Mandates Paid Prenatal Leave
When passing its final budget for the 2025 fiscal year, New York became the first state in the United States to require employers to provide their pregnant workers paid sick time for health care services, testing, or procedures that relate to their pregnancy.
FTC Bans Non-Competes Across the Nation
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
Employment Law Q&A
Garfunkel Wild’s Employment and Workforce Management attorneys are ready to answers all of your labor and employment law questions in our new Q&A series.
ADA’s Reasonable Accommodation: Compliance Tips for Employers
Join Andrew Zwerling, and Marianne Monroy as they help employers understand their legal obligations concerning disability accommodations, appropriate medical documentation, and how to engage in the required interactive dialogue with an employee before making an accommodation decision.
Conducting a Proper Employee Performance Evaluation
Join Garfunkel Wild’s Andrew L. Zwerling and Salvatore Puccio as they provide practical guidance on how to create a company-wide evaluation system and guidance on best practices for delivering positive and difficult messages to staff.
OSHA’s New Reporting Requirement for Certain Employers
As of January 1, 2024, employers with 100 or more employees in certain high-hazard industries, including some defined health care providers, must submit electronically to OSHA detailed information concerning workplace injuries and illnesses reported on their OSHA Form 300 Log and Form 301 Incident Report from the previous calendar year via OSHA’s new Injury Tracking Application.
Protect Your New York Medical License: Critical Safeguards When Responding To The OPMC
Join Garfunkel Wild’s Andrew L. Zwerling and Lauren Levine as they explore OPMC investigations and discuss the OPMC process including how to respond to an OPMC notice, and crucial steps to prepare for an OPMC interview.
The Department of Labor Issues Final Rule for Independent Contractor Classification
On January 10, 2024, the United States Department of Labor (DOL) published a long-awaited final rule addressing when employers should classify workers as independent contractors or employees under the Fair Labor Standards Act (FLSA).
Conducting Employment Internal Investigations
Join Garfunkel Wild’s Andrew L. Zwerling and Marianne Monroy as they cover an overview of workplace investigations, preparing for the investigation, witness interviewing techniques, and record-keeping and documentation.
Managing Employee Social Media Use & Best Practices for Imposing Discipline
Join Marianne Monroy and Andy Zwerling as they discuss the legal and practical considerations of determining when a private employer may discipline an employee for their social media activities, and what appropriate disciplinary actions employers can consider.
Best Practices for Terminating an Employment Relationship
Join Andrew L. Zwerling and Salvatore Puccio as they walk you through common oversights and provide practical guidance to help streamline your termination process, including the “dos and don’ts” you will want to follow once you decide to proceed with the termination.
National Business Institute’s New York Human Resource Law Boot Camp
Garfunkel Wild's Marianne Monroy will present at the National Business Institute's New York Human Resource Law Boot Camp. She will present "Hiring and Firing: Legal Dos and Don'ts for Crucial HR Function".
New York State Society of Orthopaedic Surgeons 2023 Annual Meeting & Symposium
Garfunkel Wild's Barry Cepelewicz, M.D., will present at the New York State Society of Orthopaedic Surgeons 2023 Annual Meeting & Symposium.
Temporary Health Care Staffing Agencies Now Required to Register in New York
In what appears to follow a multi-state trend to protect “temporary” workers, as part of the New York Budget for FY 2023-2024, a new law went into effect that requires any entity that provides temporary staff to health care entities to register with the Department of Health (DOH).
A Ban on Non-Competes in New York Could Be Law…Soon
On June 20, 2023, the New York State legislature passed a bill that would ban new non-compete restrictive covenants for most employees.
The FTC’s Proposed Ban on Non-Competes – What Does It Mean?
On January 5, 2023, the Federal Trade Commission (“FTC”) announced and released a notice of proposed rulemaking (NPRM) to prohibit employers from entering into non-competes with workers, including independent contractors.
NLRB Prohibits Non-Disparagement and Confidentiality Clauses in Severance Agreements
On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision that reversed its prior position and held that the inclusion of broad non-disparagement and confidentiality provisions in severance agreements is unlawful. This decision appears to apply equally to both union and non-union employees.
National Business Institute Live Online Seminar – How to Bring New York Employee Handbooks Into Compliance
Garfunkel Wild Partner Salvatore Puccio and Partner Lauren Levine will present at the National Business Institute Live Online Seminar - How to Bring New York Employee Handbooks Into Compliance on March 8, 2023.
The FTC Moves To Bar Noncompete Clauses in Employment Agreements
On January 5, 2023, the Federal Trade Commission (“FTC”) unveiled a proposed rule that would essentially ban the use of noncompete clauses in employment agreements. The proposed rule would also require employers to rescind current noncompete clauses and inform their current and former employees that they have stopped enforcement of such clauses.
New Speak Out Act Takes Effect Immediately
On December 7, 2022, President Biden signed the Speak Out Act into law (the “Act”). The Act voids the enforceability of any predispute non-disclosure or non-disparagement clause that has the effect of prohibiting employees from talking about potential future instances of sexual harassment/assault in the workplace.
Health Care Hot Topics: Florida’s New Minimum Wage Requirements For Medicaid Providers
Garfunkel Wild's Susan St. John discusses the things providers need to know about the new minimum wage requirements, and a new civil cause of action for non-compliance.
New Jersey Adds Protection for Employees After a Health Care Entity Change in Ownership
On August 18, 2022, Governor Murphy signed S-315 into law, which establishes employment protection for healthcare workers whenever there is a change in the ownership of their health care entity employer. This law applies to New Jersey licensed healthcare facilities, staffing registries, and home care service agencies.
Florida Medicaid Minimum Wages See An Increase
On June 2, 2022, Governor DeSantis signed the Freedom First Budget for State Fiscal Year 2022-2023. The Freedom First Budget (“Budget”) increased the minimum wage for employees of Medicaid providers to at least fifteen ($15) dollars per hour.
New York Court of Appeals Resolves MLMIC Dispute by Concluding That Employee-Physicians are Entitled to Conversion Funds
This case involves the 2018 demutualization of the medical malpractice insurer Medical Liability Mutual Insurance Company (“MLMIC”) and who was entitled to the more than $2.5 billion in cash consideration that was to be distributed as a result of that demutualization.
Garfunkel Wild Webinar – No One Showed at the Office Today: Challenges and Best Practices for Employers Confronting a Remote Workforce
Garfunkel Wild’s Andrew Zwerling and Lauren Levine will present the webinar “No One Showed At The Office Today: Challenges and Best Practices for Employers Confronting a Remote Workforce? on March 10, 2022.
4th Annual CHEMED Medicine & Ethics Conference
Garfunkel Wild will present at the 4th Annual CHEMED Medicine & Ethics Conference, February 17-20, 2022.
Remote Employees Challenges and Best Practices for Employers Confronting a New and Different Workplace and Workforce
It has become increasingly common for employers to have employees work remotely, particularly in light of technological advances that have made it relatively easy to perform many job duties outside the confines of a traditional office. With the COVID-19 pandemic, working from home has become even more commonplace.
The Supreme Court Approves CMS Vaccine Mandate, but Halts OSHA Mandate
On January 13, 2022, the U.S. Supreme Court permitted the vaccine mandate for health care workers in facilities regulated by Centers for Medicare and Medicaid Services (CMS). Specifically, the CMS vaccine mandate requires all staff of facilities participating in Medicare/Medicaid to be vaccinated.
Update On New York Emergency Regulation And Federal Impending COVID-19 Vaccine Mandates
Health care providers in New York have been subject to regulations and guidance from federal and state agencies mandating COVID-19 vaccinations for providers’ staff. Along with those regulations and policies, come requirements for health care providers to track exemptions and reasonable accommodations provided to staff.
Vaccine Update: Federal Vaccine Mandate for Health Care Providers and Employers With 100 or More Employees
The Federal Government, through the Centers for Medicare & Medicaid Services (CMS) and Occupational Safety and Health Administration (OSHA) issued guidelines and regulations pertaining to a federal vaccine mandate for health care providers and employers with 100 or more employees.
The Nassau Academy of Law CLE “How Not to Put Your Clients In “Jeopardy”: What is, “Update Their Employee Handbooks?”
Garfunkel Wild’s Marianne Monroy, Salvatore Puccio & Lauren Levine will present on The Nassau Academy of Law CLE “How Not to Put Your Clients in “Jeopardy”: What is, “Update Their Employee Handbooks?” on October 5, 2021.
Ambulatory Surgery Center Association Webinar – How to Build a Useful, Engaging Employee Handbook – Review, Revise, Recirculate it Every Year
Marianne Monroy will present at the Ambulatory Surgery Center Association Webinar – How to Build a Useful, Engaging Employee Handbook – Review, Revise, Recirculate it Every Year on September 21, 2021.
How Legalization of Recreational Cannabis Affects Workplaces in NY, NJ, and CT
As NY, NJ, and CT have legalized recreational marijuana, our firm has formally launched its Cannabis Law Practice Group to help our clients navigate the rapidly evolving cannabis laws and regulations. Each state’s law creates protections for employees who legally use recreational marijuana and prohibits employers from taking adverse employment actions for legal cannabis use.
New York Hospital/Nursing Home Staffing Legislation Enacted
On June 18, 2021, Governor Cuomo signed into law two bills related to clinical staffing for hospitals and nursing homes. As reported in our prior Alerts, dated May 7, 2021:
Garfunkel Wild Webinar – Legalized Medical and Recreational Marijuana: Navigating the Ever-Shifting Landscape for Employers
Garfunkel Wild’s Andrew Zwerling and Salvatore Puccio will present the webinar “Legalized Medical and Recreational Marijuana: Navigating The Ever-Shifting Landscape For Employers” on June 29, 2021.
New York / Federal Vaccine Requirements for LTC Facilities
In a Dear Administrator Letter (“DAL”) dated May 28, 2021, the New York State Department of Health highlights the differing requirements long-term care (“LTC”) facilities must meet regarding COVID-19 vaccinations under recent federal and state regulations.
Salvatore Puccio Co-Authored an Article Published in Outpatient Surgery Magazine
Salvatore Puccio, co-authored the article “Avoiding Pandemic Predicaments: Be ready to navigate the changing landscape brought on by COVID-19,” published in the May 2021 edition of Outpatient Surgery Magazine.
Staffing Legislation Impacts New York Nursing Homes
On May 5, 2021, the New York State legislature approved two bills with differing requirements related to clinical staffing for hospitals and nursing homes. With a goal of improving both patient and staff safety, as well as patient outcomes, the Governor is expected to sign each bill (A07119 and A00108B) into law soon. This Alert addresses the requirements for nursing homes. Please see a separate Alert here addressing the hospital staffing requirements.
Staffing Legislation Impacts New York Hospitals
On May 5, 2021, the New York State legislature approved two bills with differing requirements related to clinical staffing for hospitals and nursing homes. With a goal of improving both patient and staff safety, as well as patient outcomes, the Governor is expected to sign each bill (A07119 and A00108B) into law soon. This Alert addresses the requirements for hospitals.
Medical Society of the County of Schenectady Webinar – Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement
James Dering will present at the Medical Society of the County of Schenectady Webinar – “Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement” on April 13, 2021.
Ambulatory Surgery Center Association’s Webinar Series – Handling COVID-19 Employee Vaccinations, Updated Leave Entitlements & Addressing Violations of COVID-19 Protocols
Lauren Levine, Marianne Monroy and Salvatore Puccio Will Present At ASCAS – Handling Covid-19 Employee Vaccinations, Leave Entitlements & Protocol Violations on February 18, 2021.
Garfunkel Wild Webinar – Handling COVID-19 Employee Vaccinations, Updated Leave Entitlements & Addressing Violations of COVID-19 Protocols
Garfunkel Wild’s Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar “Handling COVID-19 Employee Vaccinations, Updated Leave Entitlements & Addressing Violations of COVID-19 Protocols” on January 26, 2021.
Borrowers of Large PPP Loans to Receive Loan Necessity Questionnaire
The Small Business Administration (“SBA”) has announced that it intends to issue two questionnaires which will be required to be completed by borrowers of Paycheck Protection Program (“PPP”) loans with principal amounts in excess of two million dollars ($2,000,000.00)
United States Department of Labor Narrows Families First Coronavirus Response Act’s Definition of “Health Care Provider”
On September 11, 2020, the United States Department of Labor (“DOL”) revised a definition of who is a “health care provider” for purposes of excluding those employees, i.e., not providing federal paid sick leave, from the Families First Coronavirus Response Act (“FFCRA”). The Revised Final Rule significantly narrows the prior definition, and employers in the health care industry should review and revisit their policies regarding eligible coverage (or exemption) under the FFCRA.
Medicus IT Town Hall Webinar – Successfully Navigating the ‘New Normal’: What ASCs Need to Know
Andrew E. Blustein will present at Medicus It Town Hall Webinar – Successfully Navigating the ‘New Normal’: What Ascs Need to Know on September 16, 2020.
New York Enacts Paid Sick Leave Reform
On April 3, 2020, New York State Governor Andrew Cuomo signed the fiscal year 2021 budget, which included an overhaul of statewide paid sick leave requirements under the New York State Labor Law. Under the new law, all employers must provide sick leave to their employees.
Ambulatory Surgery Center Association (ASCA) 2020 Virtual Conference & Expo
Salvatore Puccio Presented at the Ambulatory Surgery Center Association’s (ASCA) 2020 Virtual Conference & Expo on July 10, 2020.
United States Supreme Court Rules Title VII Prevents Discrimination Against Employees Because of Sexual Orientation or Gender Identity
On June 15, 2020, the United States Supreme Court ruled, in a 6-3 decision, that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation and/or gender identity.
Garfunkel Wild Webinar – Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare
Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio and Lauren Levine will present the webinar “Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare” on June 12, 2020.
Treasury Issues Guidance on Review Procedures and Loan Forgiveness Regarding Paycheck Protection Program
On May 22nd, the Department of the Treasury issued two new interim final rules relating to the Paycheck Protection Program (“PPP”). These are the Interim Final Rule on SBA Loan Review Procedures and Related Borrower and Lender Responsibilities and the Interim Final Rule on Loan Forgiveness.
Ambulatory Surgery Center Association’s (ASCA) Annual 2020 Conference
Salvatore Puccio will present at the Ambulatory Surgery Center Association’s (ASCA) Annual 2020 Conference – May 15, 2020.
Garfunkel Wild Webinar – The Enforceability of Employment Contracts During The COVID-19 Pandemic
Garfunkel Wild Andrew L. Zwerling will present the webinar “The Enforceability of Employment Contracts During The COVID-19 Pandemic” on May 4, 2020.
The Issue of Reasonable Accommodation During the COVID-19 Crisis
The Equal Employment Opportunity Commission has issued new guidance for workplaces, dated April 17, 2020, as they start the process of preparing for the impending re-opening of their entities in the face of the COVID-19 pandemic. The following provides clarity on the issue of reasonable accommodation during the COVID-19 crisis.
Return to Work Issues During The COVID-19 Crisis
The Equal Employment Opportunity Commission has issued new guidance for workplaces, dated April 17, 2020, as they start the process of preparing for the impending re-opening of their entities in the face of the COVID-19 pandemic. The following provides clarity on return to work issues during the COVID-19 crisis. Importantly, it is critical that one stay abreast of any new developments through vigilant scrutiny of new governmental releases or inquiries with counsel concerning this subject matter, particularly given the rapid pace at which the governing law in this area is changing as the COVID-19 crisis evolves.
Disability-Related Inquiries and Medical Exams During the COVID-19 Crisis
The Equal Employment Opportunity Commission has issued new guidance for workplaces, dated April 17, 2020, as they start the process of preparing for the impending re-opening of their entities in the face of the COVID-19 pandemic. The following provides clarity on how to respond to disability-related inquiries and medical exams during the COVID-19 crisis.
Connecticut Orthopaedic Society (COS) Webinar – COVID-19 Crisis: How Can You Exit or Modify a Contract You Can No Longer Afford or Comply With?
Barry B. Cepelewicz will present at the COS Webinar – Covid-19 crisis: How Can You Exit Or Modify a Contract? On April 23, 2020.
Garfunkel Wild Webinar – An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges
Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar “An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges” on April 20, 2020.
What Are Your Obligations to Employees Who May Be At Greater Risk During the COVID-19 Crisis?
The EEOC has provided elaboration on how employers can navigate between compliance with the Equal Employment Opportunity laws and COVID-19 protocols issued through myriad government orders. The following represents the EEOC’s response to certain commonly posed questions from employers concerning their obligations solely under laws enforced by the EEOC (as opposed to, for example, laws enforced by the DOL such as FLSA), recognizing that this guidance may change over the course of time as the COVID-19 landscape evolves.
How to Handle Confidentiality Issues Relating to COVID-19
The EEOC has provided elaboration on how employers can navigate between compliance with the Equal Employment Opportunity laws and COVID-19 protocols issued through myriad government orders. The following represents the EEOC’s response to certain of the most commonly posed questions from employers concerning their obligations solely under laws enforced by the EEOC (as opposed to, for example, laws enforced by the DOL such as FLSA), recognizing that this guidance may change over the course of time as the COVID-19 landscape evolves.
What Documentation Should Employers Maintain With Regard to COVID-19 Leave Benefits
Guidance issued by the United States Department of Labor (“DOL”) on April 1, 2020, has clarified what documentation must be maintained by employers relating to COVID-19 issues and claims for paid leave benefits.
What Documentation Should Employees Provide Employers In Order to Obtain Federal COVID-19 Leave Benefits
Guidance issued by the United States Department of Labor (“DOL”) on April 1, 2020 has clarified what documentation an employee must provide when seeking paid benefits relating to COVID-19.
Garfunkel Wild Webinar – Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19
Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar “Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19” on March 30, 2020.
Garfunkel Wild Webinar – Exiting and Entering Contracts in the Age of Coronavirus
Garfunkel Wild Vice Chairman Andrew E. Blustein will present the webinar “Exiting and Entering Contracts in the Age of Coronavirus” on March 24, 2020.
New York State Society of Orthopaedic Surgeons 2019 NYSSOS Symposium & Annual Meeting – Concepts and Controversies in Orthopaedics in 2019: What You Wanted to Know But Were Afraid to Ask
Barry C. Cepelewicz will present at the New York State Society of Orthopaedic Surgeons 2019 NYSSOS Symposium & Annual Meeting on September 21, 2019.
Empire State Hematology & Oncology Society 2019 Annual Conference
Empire State Hematology & Oncology Society 2019 Annual Conference
NYS Legislation Enacted August 12, 2019 to Add New Workplace Harassment and Discrimination Protections
On Monday, August 12, 2019, Governor Andrew Cuomo signed into law sweeping new workplace-harassment protections. The bill, approved by the State Legislature in June 2019, comes just months after the State’s enactment of a statute that mandates annual sexual harassment training for all employers in the State.
Fairfield County Medical Association’s (FCMA) Webinar – Navigating Sexual Harassment in the Workplace for Managers and Supervisors
Marianne Monroy and Salvatore Puccio will present at the FCMA’s Webinar – Navigating Sexual Harassment in the Workplace for Managers & Supervisors on May 9, 2019.
New York Appellate Division Holds Employer Medical Practice Is Entitled To Receive MLMIC Demutualization Funds
On April 4, 2019, the Appellate Division, First Department issued a decision in Schaffer, Schonholz & Drossman LLP v. Rachel Title, Index No. 160215/2018 concerning an employer’s entitlement to MLMIC funds being held in escrow following MLMIC’s demutualization and purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary.
Erie County Supreme Court Issues Controversial Decision in Parties’ Dispute Over MLMIC Funds
On March 22, 2019, the Supreme Court of Erie County issued a trial-court level decision in the case, Maple-Gate Anesthesiologists, P.C. v. Nasrin, Index No. 818104/2018, concerning entitlement to MLMIC funds distributed in connection with MLMIC’s purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary. This decision is the first decision published addressing the merits of the parties’ claims in that case.
Hudson Valley Annual Institute 2019
Andrew l. Zwerling, Marianne Monroy and Salvatore Puccio will present at the Hudson Valley Annual Institute on April 4, 2019.
New York State Society of Orthopaedic Surgeons’ Webinar – Your Employment Agreement: How To Be Best Protected.
Barry B. Cepelewicz will present at the New York State Society of Orthopaedic Surgeons’ Webinar – Your Employment Agreement: How to Be Best Protected.
Department of Labor Proposes New Overtime Rule Raising the White Collar and Highly-Compensated Employee Exemption Thresholds
On March 7, 2019, the U.S. Department of Labor issued a proposed rule that will raise the Fair Labor Standards Act’s white collar and highly-compensated employee exemption thresholds for the first time in fifteen years.
In the New York State Courts (New York State Bar Associations Health Law Journal Winter 2018)
Partner/Director Leonard M. Rosenberg, had his article “In the New York State Courts,” published in the Winter 2018 (Volume 23, Number 3) issue of the New York State Bar Association’s Health Law Journal.
New York State Camp Directors Association (NYSCDA) Membership Meeting
Lauren M. Levine presented at the New York State Camp Directors Association (NYSCDA) Membership Meeting on January 10, 2019
Garfunkel Wild’s Employment and Workforce Management Practice Group provides legal advice and litigation defense services to a wide range of business entities, such as healthcare facilities, retail establishments, restaurants, charitable organizations and universities, as well as individual healthcare practitioners, business owners, and entrepreneurs.
Garfunkel Wild prides itself on providing practical and cost-effective legal services. Our clients invest their trust in us, so we make it a priority to understand the business of our clients, their objectives, and priorities. This allows us to give advice and guidance that accounts for business and operational practicalities.
We have decades of experience litigating, arbitrating, and mediating discrimination, harassment, disability, wage and hour, overtime, breach of contract, defamation, whistleblower and retaliation claims in federal and state courts, as well as administrative agencies within the Tri-State area (e.g. Equal Employment Opportunity Commission, New York State Division of Human Rights, New Jersey Civil Rights Commission, Connecticut Commission on Human Rights and Opportunities, and Department of Labor at both the federal and state levels).
This Group routinely counsels clients concerning day-to-day personnel issues and compliance with applicable employment laws and regulations.
We aim to keep our clients out of the courtroom by providing legal guidance and assistance with:
- Leave requests, disability and accommodations matters
- Wage and overtime issues
- Developing and implementing disciplinary and corrective actions
- Employee complaints
- Internal investigations
- Drafting and reviewing employment contracts
- Preparing, defending, endorsing, or challenging restrictive covenants
- Developing employee handbooks and policies
- Conducting training programs for leadership, managers, and staff
- Implementing reductions in force
Unlike other law firms who have a singular or limited practice areas, Garfunkel Wild’s multitude of practice areas has proven invaluable to clients when faced with employment matters that implicate non-employment legal issues. For example, a client may be involved in an employment litigation or investigation that may: (i) trigger reporting obligations to licensure agencies; (ii) raise privacy/HIPAA concerns; (iii) give rise to fraud and/or white collar crime allegations; (iv) uncover potential regulatory or compliance deficiencies; (v) involve property or equipment lease, purchase or sale issues; (vi) implicate website and technology issues; and/or (vii) raise guardianship or estate issues.
In such instances, Garfunkel Wild’s clients routinely enjoy the ability of having Garfunkel Wild meet all of its employment and non-employment legal needs, while avoiding expenses associated with engaging multiple firms to address a single multi-faceted matter.
Practice Group Contacts
Team
Update on New York’s Mandated Paid Prenatal Leave
On April 19, 2024, Governor Hochul signed an amendment to New York’s Paid Sick and Safe Leave Law (New York Labor Law § 196-b), also known as the Paid Prenatal Leave Law (the “Paid Leave”), that will require employers to provide at least 20 hours of paid leave in a 52-week period for pregnant employees to attend prenatal medical appointments and procedures. The New York State Department of Labor (“DOL”) released a Frequently Asked Questions (“FAQs”) that provides some clarity on employees’ rights and employers’ obligations under the amendment.
Federal Court Strikes FLSA Minimum Salary Threshold Increases
Many employers across the country were facing difficult staffing decisions surrounding a 2024 U.S. Department of Labor (“DOL”) regulation that increased minimum salary requirements for thousands of employees. On November 15, 2024, a Texas Federal Court (the “Court”) vacated and set aside a 2024 rule promulgated by the DOL that increased the minimum salary threshold for certain “white collar” exempt employees (the “2024 Rule”). The Court’s ruling affects the increases nationally and restores the minimum salary threshold to the previous minimum established under the Fair Labor Standards Act (“FLSA”).
WCMS Webinar: Best Practices For Enhancing Employee Engagement And Minimizing Risk And Liability
Andrew Zwerling and Marianne Monroy will co-present "Best Practices for Enhancing Employee Engagement and Minimizing Risk and Liability" at the Westchester County Medical Society's CME Webinar.
Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients
Garfunkel Wild's Barry Cepelewicz, M.D. and Andrew Zwerling, will present "Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients" at the Westchester County Medical Society Webinar on Wednesday, September 18, 2024.
Breaking News: Federal Court Blocks FTC’s Non-Compete Ban Nationally
A Texas Federal Judge issued a decision blocking the FTC’s proposed ban on non-compete agreements, which was set to go into effect on September 4, 2024. As previously reported, the Texas Federal Court had issued a preliminary injunction limiting the enforceability of the FTC’s non-compete ban for the individual plaintiff in that lawsuit only. The Judge has now expanded that ruling nationally – preventing the FTC non-compete ban from going into effect.
Preparing for the FTC’s Ban on Non-Competes
What is the Status of the Pending FTC Ban on Non-Compete Agreements? Many clients are asking whether the Federal Trade Commission (FTC) ban has gone into effect and, if not, what the status is currently. As we reported previously, click HERE, the FTC enacted a nationwide ban on most non-compete agreements, subject to certain narrow exceptions, […]
Ensuring Compliance: The Legal and Practical Importance of Accurate Job Descriptions
Garfunkel Wild’s Andrew Zwerling and Harpreet Kaur will host a webinar addressing the legal and practical implications of job descriptions.
AJMA Webinar – Navigating Anti-Semitism at Work
Garfunkel Wild’s Andrew Zwerling and Lauren Levine will address some of the employment issues that physicians and medical students should be aware of regarding navigating anti-Semitism at work.
Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA
On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.
FCMA and HCMA Webinar – FTC Ruling on Employment Non-Compete Clauses
Garfunkel Wild's Salvatore Puccio and Elisabeth Pimentel will present "FTC Ruling on Employment Non-Compete Clauses" at the Fairfield County Medical Association and Hartford County Medical Association's Webinar on Thursday, May 16, 2024.
Managing the Remote Workforce: Employer Best Practices and Legal Considerations
Join Andrew Zwerling and Lauren Levine as they address some of the common issues that employers encounter with remote employees and best practices for addressing these issues as the growing trend of telecommuting continues.
New York Mandates Paid Prenatal Leave
When passing its final budget for the 2025 fiscal year, New York became the first state in the United States to require employers to provide their pregnant workers paid sick time for health care services, testing, or procedures that relate to their pregnancy.
FTC Bans Non-Competes Across the Nation
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
Employment Law Q&A
Garfunkel Wild’s Employment and Workforce Management attorneys are ready to answers all of your labor and employment law questions in our new Q&A series.
ADA’s Reasonable Accommodation: Compliance Tips for Employers
Join Andrew Zwerling, and Marianne Monroy as they help employers understand their legal obligations concerning disability accommodations, appropriate medical documentation, and how to engage in the required interactive dialogue with an employee before making an accommodation decision.
Conducting a Proper Employee Performance Evaluation
Join Garfunkel Wild’s Andrew L. Zwerling and Salvatore Puccio as they provide practical guidance on how to create a company-wide evaluation system and guidance on best practices for delivering positive and difficult messages to staff.
OSHA’s New Reporting Requirement for Certain Employers
As of January 1, 2024, employers with 100 or more employees in certain high-hazard industries, including some defined health care providers, must submit electronically to OSHA detailed information concerning workplace injuries and illnesses reported on their OSHA Form 300 Log and Form 301 Incident Report from the previous calendar year via OSHA’s new Injury Tracking Application.
Protect Your New York Medical License: Critical Safeguards When Responding To The OPMC
Join Garfunkel Wild’s Andrew L. Zwerling and Lauren Levine as they explore OPMC investigations and discuss the OPMC process including how to respond to an OPMC notice, and crucial steps to prepare for an OPMC interview.
The Department of Labor Issues Final Rule for Independent Contractor Classification
On January 10, 2024, the United States Department of Labor (DOL) published a long-awaited final rule addressing when employers should classify workers as independent contractors or employees under the Fair Labor Standards Act (FLSA).
Conducting Employment Internal Investigations
Join Garfunkel Wild’s Andrew L. Zwerling and Marianne Monroy as they cover an overview of workplace investigations, preparing for the investigation, witness interviewing techniques, and record-keeping and documentation.
Managing Employee Social Media Use & Best Practices for Imposing Discipline
Join Marianne Monroy and Andy Zwerling as they discuss the legal and practical considerations of determining when a private employer may discipline an employee for their social media activities, and what appropriate disciplinary actions employers can consider.
Best Practices for Terminating an Employment Relationship
Join Andrew L. Zwerling and Salvatore Puccio as they walk you through common oversights and provide practical guidance to help streamline your termination process, including the “dos and don’ts” you will want to follow once you decide to proceed with the termination.
National Business Institute’s New York Human Resource Law Boot Camp
Garfunkel Wild's Marianne Monroy will present at the National Business Institute's New York Human Resource Law Boot Camp. She will present "Hiring and Firing: Legal Dos and Don'ts for Crucial HR Function".
New York State Society of Orthopaedic Surgeons 2023 Annual Meeting & Symposium
Garfunkel Wild's Barry Cepelewicz, M.D., will present at the New York State Society of Orthopaedic Surgeons 2023 Annual Meeting & Symposium.
Temporary Health Care Staffing Agencies Now Required to Register in New York
In what appears to follow a multi-state trend to protect “temporary” workers, as part of the New York Budget for FY 2023-2024, a new law went into effect that requires any entity that provides temporary staff to health care entities to register with the Department of Health (DOH).
A Ban on Non-Competes in New York Could Be Law…Soon
On June 20, 2023, the New York State legislature passed a bill that would ban new non-compete restrictive covenants for most employees.
The FTC’s Proposed Ban on Non-Competes – What Does It Mean?
On January 5, 2023, the Federal Trade Commission (“FTC”) announced and released a notice of proposed rulemaking (NPRM) to prohibit employers from entering into non-competes with workers, including independent contractors.
NLRB Prohibits Non-Disparagement and Confidentiality Clauses in Severance Agreements
On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision that reversed its prior position and held that the inclusion of broad non-disparagement and confidentiality provisions in severance agreements is unlawful. This decision appears to apply equally to both union and non-union employees.
National Business Institute Live Online Seminar – How to Bring New York Employee Handbooks Into Compliance
Garfunkel Wild Partner Salvatore Puccio and Partner Lauren Levine will present at the National Business Institute Live Online Seminar - How to Bring New York Employee Handbooks Into Compliance on March 8, 2023.
The FTC Moves To Bar Noncompete Clauses in Employment Agreements
On January 5, 2023, the Federal Trade Commission (“FTC”) unveiled a proposed rule that would essentially ban the use of noncompete clauses in employment agreements. The proposed rule would also require employers to rescind current noncompete clauses and inform their current and former employees that they have stopped enforcement of such clauses.
New Speak Out Act Takes Effect Immediately
On December 7, 2022, President Biden signed the Speak Out Act into law (the “Act”). The Act voids the enforceability of any predispute non-disclosure or non-disparagement clause that has the effect of prohibiting employees from talking about potential future instances of sexual harassment/assault in the workplace.
Health Care Hot Topics: Florida’s New Minimum Wage Requirements For Medicaid Providers
Garfunkel Wild's Susan St. John discusses the things providers need to know about the new minimum wage requirements, and a new civil cause of action for non-compliance.
New Jersey Adds Protection for Employees After a Health Care Entity Change in Ownership
On August 18, 2022, Governor Murphy signed S-315 into law, which establishes employment protection for healthcare workers whenever there is a change in the ownership of their health care entity employer. This law applies to New Jersey licensed healthcare facilities, staffing registries, and home care service agencies.
Florida Medicaid Minimum Wages See An Increase
On June 2, 2022, Governor DeSantis signed the Freedom First Budget for State Fiscal Year 2022-2023. The Freedom First Budget (“Budget”) increased the minimum wage for employees of Medicaid providers to at least fifteen ($15) dollars per hour.
New York Court of Appeals Resolves MLMIC Dispute by Concluding That Employee-Physicians are Entitled to Conversion Funds
This case involves the 2018 demutualization of the medical malpractice insurer Medical Liability Mutual Insurance Company (“MLMIC”) and who was entitled to the more than $2.5 billion in cash consideration that was to be distributed as a result of that demutualization.
Garfunkel Wild Webinar – No One Showed at the Office Today: Challenges and Best Practices for Employers Confronting a Remote Workforce
Garfunkel Wild’s Andrew Zwerling and Lauren Levine will present the webinar “No One Showed At The Office Today: Challenges and Best Practices for Employers Confronting a Remote Workforce? on March 10, 2022.
4th Annual CHEMED Medicine & Ethics Conference
Garfunkel Wild will present at the 4th Annual CHEMED Medicine & Ethics Conference, February 17-20, 2022.
Remote Employees Challenges and Best Practices for Employers Confronting a New and Different Workplace and Workforce
It has become increasingly common for employers to have employees work remotely, particularly in light of technological advances that have made it relatively easy to perform many job duties outside the confines of a traditional office. With the COVID-19 pandemic, working from home has become even more commonplace.
The Supreme Court Approves CMS Vaccine Mandate, but Halts OSHA Mandate
On January 13, 2022, the U.S. Supreme Court permitted the vaccine mandate for health care workers in facilities regulated by Centers for Medicare and Medicaid Services (CMS). Specifically, the CMS vaccine mandate requires all staff of facilities participating in Medicare/Medicaid to be vaccinated.
Update On New York Emergency Regulation And Federal Impending COVID-19 Vaccine Mandates
Health care providers in New York have been subject to regulations and guidance from federal and state agencies mandating COVID-19 vaccinations for providers’ staff. Along with those regulations and policies, come requirements for health care providers to track exemptions and reasonable accommodations provided to staff.
Vaccine Update: Federal Vaccine Mandate for Health Care Providers and Employers With 100 or More Employees
The Federal Government, through the Centers for Medicare & Medicaid Services (CMS) and Occupational Safety and Health Administration (OSHA) issued guidelines and regulations pertaining to a federal vaccine mandate for health care providers and employers with 100 or more employees.
The Nassau Academy of Law CLE “How Not to Put Your Clients In “Jeopardy”: What is, “Update Their Employee Handbooks?”
Garfunkel Wild’s Marianne Monroy, Salvatore Puccio & Lauren Levine will present on The Nassau Academy of Law CLE “How Not to Put Your Clients in “Jeopardy”: What is, “Update Their Employee Handbooks?” on October 5, 2021.
Ambulatory Surgery Center Association Webinar – How to Build a Useful, Engaging Employee Handbook – Review, Revise, Recirculate it Every Year
Marianne Monroy will present at the Ambulatory Surgery Center Association Webinar – How to Build a Useful, Engaging Employee Handbook – Review, Revise, Recirculate it Every Year on September 21, 2021.
How Legalization of Recreational Cannabis Affects Workplaces in NY, NJ, and CT
As NY, NJ, and CT have legalized recreational marijuana, our firm has formally launched its Cannabis Law Practice Group to help our clients navigate the rapidly evolving cannabis laws and regulations. Each state’s law creates protections for employees who legally use recreational marijuana and prohibits employers from taking adverse employment actions for legal cannabis use.
New York Hospital/Nursing Home Staffing Legislation Enacted
On June 18, 2021, Governor Cuomo signed into law two bills related to clinical staffing for hospitals and nursing homes. As reported in our prior Alerts, dated May 7, 2021:
Garfunkel Wild Webinar – Legalized Medical and Recreational Marijuana: Navigating the Ever-Shifting Landscape for Employers
Garfunkel Wild’s Andrew Zwerling and Salvatore Puccio will present the webinar “Legalized Medical and Recreational Marijuana: Navigating The Ever-Shifting Landscape For Employers” on June 29, 2021.
New York / Federal Vaccine Requirements for LTC Facilities
In a Dear Administrator Letter (“DAL”) dated May 28, 2021, the New York State Department of Health highlights the differing requirements long-term care (“LTC”) facilities must meet regarding COVID-19 vaccinations under recent federal and state regulations.
Salvatore Puccio Co-Authored an Article Published in Outpatient Surgery Magazine
Salvatore Puccio, co-authored the article “Avoiding Pandemic Predicaments: Be ready to navigate the changing landscape brought on by COVID-19,” published in the May 2021 edition of Outpatient Surgery Magazine.
Staffing Legislation Impacts New York Nursing Homes
On May 5, 2021, the New York State legislature approved two bills with differing requirements related to clinical staffing for hospitals and nursing homes. With a goal of improving both patient and staff safety, as well as patient outcomes, the Governor is expected to sign each bill (A07119 and A00108B) into law soon. This Alert addresses the requirements for nursing homes. Please see a separate Alert here addressing the hospital staffing requirements.
Staffing Legislation Impacts New York Hospitals
On May 5, 2021, the New York State legislature approved two bills with differing requirements related to clinical staffing for hospitals and nursing homes. With a goal of improving both patient and staff safety, as well as patient outcomes, the Governor is expected to sign each bill (A07119 and A00108B) into law soon. This Alert addresses the requirements for hospitals.
Medical Society of the County of Schenectady Webinar – Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement
James Dering will present at the Medical Society of the County of Schenectady Webinar – “Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement” on April 13, 2021.
Ambulatory Surgery Center Association’s Webinar Series – Handling COVID-19 Employee Vaccinations, Updated Leave Entitlements & Addressing Violations of COVID-19 Protocols
Lauren Levine, Marianne Monroy and Salvatore Puccio Will Present At ASCAS – Handling Covid-19 Employee Vaccinations, Leave Entitlements & Protocol Violations on February 18, 2021.
Garfunkel Wild Webinar – Handling COVID-19 Employee Vaccinations, Updated Leave Entitlements & Addressing Violations of COVID-19 Protocols
Garfunkel Wild’s Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar “Handling COVID-19 Employee Vaccinations, Updated Leave Entitlements & Addressing Violations of COVID-19 Protocols” on January 26, 2021.
Borrowers of Large PPP Loans to Receive Loan Necessity Questionnaire
The Small Business Administration (“SBA”) has announced that it intends to issue two questionnaires which will be required to be completed by borrowers of Paycheck Protection Program (“PPP”) loans with principal amounts in excess of two million dollars ($2,000,000.00)
United States Department of Labor Narrows Families First Coronavirus Response Act’s Definition of “Health Care Provider”
On September 11, 2020, the United States Department of Labor (“DOL”) revised a definition of who is a “health care provider” for purposes of excluding those employees, i.e., not providing federal paid sick leave, from the Families First Coronavirus Response Act (“FFCRA”). The Revised Final Rule significantly narrows the prior definition, and employers in the health care industry should review and revisit their policies regarding eligible coverage (or exemption) under the FFCRA.
Medicus IT Town Hall Webinar – Successfully Navigating the ‘New Normal’: What ASCs Need to Know
Andrew E. Blustein will present at Medicus It Town Hall Webinar – Successfully Navigating the ‘New Normal’: What Ascs Need to Know on September 16, 2020.
New York Enacts Paid Sick Leave Reform
On April 3, 2020, New York State Governor Andrew Cuomo signed the fiscal year 2021 budget, which included an overhaul of statewide paid sick leave requirements under the New York State Labor Law. Under the new law, all employers must provide sick leave to their employees.
Ambulatory Surgery Center Association (ASCA) 2020 Virtual Conference & Expo
Salvatore Puccio Presented at the Ambulatory Surgery Center Association’s (ASCA) 2020 Virtual Conference & Expo on July 10, 2020.
United States Supreme Court Rules Title VII Prevents Discrimination Against Employees Because of Sexual Orientation or Gender Identity
On June 15, 2020, the United States Supreme Court ruled, in a 6-3 decision, that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation and/or gender identity.
Garfunkel Wild Webinar – Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare
Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio and Lauren Levine will present the webinar “Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare” on June 12, 2020.
Treasury Issues Guidance on Review Procedures and Loan Forgiveness Regarding Paycheck Protection Program
On May 22nd, the Department of the Treasury issued two new interim final rules relating to the Paycheck Protection Program (“PPP”). These are the Interim Final Rule on SBA Loan Review Procedures and Related Borrower and Lender Responsibilities and the Interim Final Rule on Loan Forgiveness.
Ambulatory Surgery Center Association’s (ASCA) Annual 2020 Conference
Salvatore Puccio will present at the Ambulatory Surgery Center Association’s (ASCA) Annual 2020 Conference – May 15, 2020.
Garfunkel Wild Webinar – The Enforceability of Employment Contracts During The COVID-19 Pandemic
Garfunkel Wild Andrew L. Zwerling will present the webinar “The Enforceability of Employment Contracts During The COVID-19 Pandemic” on May 4, 2020.
The Issue of Reasonable Accommodation During the COVID-19 Crisis
The Equal Employment Opportunity Commission has issued new guidance for workplaces, dated April 17, 2020, as they start the process of preparing for the impending re-opening of their entities in the face of the COVID-19 pandemic. The following provides clarity on the issue of reasonable accommodation during the COVID-19 crisis.
Return to Work Issues During The COVID-19 Crisis
The Equal Employment Opportunity Commission has issued new guidance for workplaces, dated April 17, 2020, as they start the process of preparing for the impending re-opening of their entities in the face of the COVID-19 pandemic. The following provides clarity on return to work issues during the COVID-19 crisis. Importantly, it is critical that one stay abreast of any new developments through vigilant scrutiny of new governmental releases or inquiries with counsel concerning this subject matter, particularly given the rapid pace at which the governing law in this area is changing as the COVID-19 crisis evolves.
Disability-Related Inquiries and Medical Exams During the COVID-19 Crisis
The Equal Employment Opportunity Commission has issued new guidance for workplaces, dated April 17, 2020, as they start the process of preparing for the impending re-opening of their entities in the face of the COVID-19 pandemic. The following provides clarity on how to respond to disability-related inquiries and medical exams during the COVID-19 crisis.
Connecticut Orthopaedic Society (COS) Webinar – COVID-19 Crisis: How Can You Exit or Modify a Contract You Can No Longer Afford or Comply With?
Barry B. Cepelewicz will present at the COS Webinar – Covid-19 crisis: How Can You Exit Or Modify a Contract? On April 23, 2020.
Garfunkel Wild Webinar – An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges
Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar “An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges” on April 20, 2020.
What Are Your Obligations to Employees Who May Be At Greater Risk During the COVID-19 Crisis?
The EEOC has provided elaboration on how employers can navigate between compliance with the Equal Employment Opportunity laws and COVID-19 protocols issued through myriad government orders. The following represents the EEOC’s response to certain commonly posed questions from employers concerning their obligations solely under laws enforced by the EEOC (as opposed to, for example, laws enforced by the DOL such as FLSA), recognizing that this guidance may change over the course of time as the COVID-19 landscape evolves.
How to Handle Confidentiality Issues Relating to COVID-19
The EEOC has provided elaboration on how employers can navigate between compliance with the Equal Employment Opportunity laws and COVID-19 protocols issued through myriad government orders. The following represents the EEOC’s response to certain of the most commonly posed questions from employers concerning their obligations solely under laws enforced by the EEOC (as opposed to, for example, laws enforced by the DOL such as FLSA), recognizing that this guidance may change over the course of time as the COVID-19 landscape evolves.
What Documentation Should Employers Maintain With Regard to COVID-19 Leave Benefits
Guidance issued by the United States Department of Labor (“DOL”) on April 1, 2020, has clarified what documentation must be maintained by employers relating to COVID-19 issues and claims for paid leave benefits.
What Documentation Should Employees Provide Employers In Order to Obtain Federal COVID-19 Leave Benefits
Guidance issued by the United States Department of Labor (“DOL”) on April 1, 2020 has clarified what documentation an employee must provide when seeking paid benefits relating to COVID-19.
Garfunkel Wild Webinar – Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19
Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar “Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19” on March 30, 2020.
Garfunkel Wild Webinar – Exiting and Entering Contracts in the Age of Coronavirus
Garfunkel Wild Vice Chairman Andrew E. Blustein will present the webinar “Exiting and Entering Contracts in the Age of Coronavirus” on March 24, 2020.
New York State Society of Orthopaedic Surgeons 2019 NYSSOS Symposium & Annual Meeting – Concepts and Controversies in Orthopaedics in 2019: What You Wanted to Know But Were Afraid to Ask
Barry C. Cepelewicz will present at the New York State Society of Orthopaedic Surgeons 2019 NYSSOS Symposium & Annual Meeting on September 21, 2019.
Empire State Hematology & Oncology Society 2019 Annual Conference
Empire State Hematology & Oncology Society 2019 Annual Conference
NYS Legislation Enacted August 12, 2019 to Add New Workplace Harassment and Discrimination Protections
On Monday, August 12, 2019, Governor Andrew Cuomo signed into law sweeping new workplace-harassment protections. The bill, approved by the State Legislature in June 2019, comes just months after the State’s enactment of a statute that mandates annual sexual harassment training for all employers in the State.
Fairfield County Medical Association’s (FCMA) Webinar – Navigating Sexual Harassment in the Workplace for Managers and Supervisors
Marianne Monroy and Salvatore Puccio will present at the FCMA’s Webinar – Navigating Sexual Harassment in the Workplace for Managers & Supervisors on May 9, 2019.
New York Appellate Division Holds Employer Medical Practice Is Entitled To Receive MLMIC Demutualization Funds
On April 4, 2019, the Appellate Division, First Department issued a decision in Schaffer, Schonholz & Drossman LLP v. Rachel Title, Index No. 160215/2018 concerning an employer’s entitlement to MLMIC funds being held in escrow following MLMIC’s demutualization and purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary.
Erie County Supreme Court Issues Controversial Decision in Parties’ Dispute Over MLMIC Funds
On March 22, 2019, the Supreme Court of Erie County issued a trial-court level decision in the case, Maple-Gate Anesthesiologists, P.C. v. Nasrin, Index No. 818104/2018, concerning entitlement to MLMIC funds distributed in connection with MLMIC’s purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary. This decision is the first decision published addressing the merits of the parties’ claims in that case.
Hudson Valley Annual Institute 2019
Andrew l. Zwerling, Marianne Monroy and Salvatore Puccio will present at the Hudson Valley Annual Institute on April 4, 2019.
New York State Society of Orthopaedic Surgeons’ Webinar – Your Employment Agreement: How To Be Best Protected.
Barry B. Cepelewicz will present at the New York State Society of Orthopaedic Surgeons’ Webinar – Your Employment Agreement: How to Be Best Protected.
Department of Labor Proposes New Overtime Rule Raising the White Collar and Highly-Compensated Employee Exemption Thresholds
On March 7, 2019, the U.S. Department of Labor issued a proposed rule that will raise the Fair Labor Standards Act’s white collar and highly-compensated employee exemption thresholds for the first time in fifteen years.
In the New York State Courts (New York State Bar Associations Health Law Journal Winter 2018)
Partner/Director Leonard M. Rosenberg, had his article “In the New York State Courts,” published in the Winter 2018 (Volume 23, Number 3) issue of the New York State Bar Association’s Health Law Journal.
New York State Camp Directors Association (NYSCDA) Membership Meeting
Lauren M. Levine presented at the New York State Camp Directors Association (NYSCDA) Membership Meeting on January 10, 2019