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.
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.
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”).
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.
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.
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.
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.
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.
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).
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.
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.
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.
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".
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).
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.
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.
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.
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.
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.
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.
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.
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.
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’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.
Mr. Jeff Adest will present on “Developing Services Delivery and Technology Considerations” and “Emerging Employee Issues: Vaccines, Marijuana and Related Concerns” at the 4th Annual CHEMED Medicine & Ethics Conference, February 17-20, 2022.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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 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.
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.
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.
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.
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’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.
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)
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.
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.
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.
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’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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
