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  • October 03, 2022 2:35 PM | Anonymous

    Acces the full article on Lexology here

    State procedures

    Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures?

    New York State has no laws regarding discipline and grievance procedures (other than those which may arise indirectly in connection with generally applicable laws, such as those regarding discrimination).

    However, on January 5, 2021, New York City amended its Fair Work Week Law, to require New York City fast-food employers to have a written progressive discipline policy, which clearly explains key terms, rights, roles, and responsibilities, including, but not limited to:

    • probation periods for new employees, which cannot exceed 30 days from the date of hire;
    • descriptions of progressive discipline system, including its sequential steps, strikes, or other graduated responses;
    • descriptions of employee conduct or behavior, including specific examples, that would trigger progressive discipline and the type of discipline associated with each type of infraction; and
    • descriptions of employee conduct or behavior, including specific examples, considered egregious misconduct or egregious failure to perform job duties.

    Employers must give a written copy of the policy to fast food employees: (1) when they start work; (2) within 14 days of any changes to the policy; and (3) upon employee request. Further, employers must keep records of the progressive discipline policy, namely (1) copies of the policy; (2) time period (effective dates) of the policy; (3) date employees received the policy; and (4) proof that employees received the policy.

    At-will or notice

    At-will status and/or notice period?

    New York is an employment at-will state, meaning that both an employer and an employee may end an employee’s employment at any time, for any reason, with or without cause or notice, subject to any agreed upon contractual limitations and in compliance with applicable laws (e.g., anti-discrimination laws). This applies whether an employee voluntarily leaves his or her job or the employer terminates the employee’s employment.

    However, on January 5, 2021, New York City amended its Fair Work Week Law, to require New York City fast-food employers to have “just cause” or a “bona fide economic reason” to discharge an employee who has completed his or her probationary period, which cannot surpass 30 days (N.Y.C. Admin. Code §20-1272(a)). The law, which went into effect on July 4, 2021, prevents New York City fast-food employers from discharging employees pursuant to the employment-at-will doctrine. With respect to terminating for “just cause” the law provides, among other things, that employers maintain a written progressive discipline policy and use such progressive discipline before terminating employees for “just cause.” (Id. at §20-1272(c)). With respect to “bona fide economic reason” the law provides, among other things, that layoffs must be pursuant to seniority, such that employees with the greatest seniority will be retained the longest, reinstated, or restored hours first (Id. at §20-1272(h)).

    What restrictions apply to the above?

    An employer may not terminate an employee based on the employee’s membership in a protected class. Likewise, the New York Labor Law prohibits employers from terminating an employee for his or her off-duty political or legal recreational activities outside of work, legal use of consumable products outside of work, or membership in a union (N.Y. Labor Law § 201-d).

    Effective January 26, 2022, New York broadened its whistleblowing and retaliation requirements. Previously, employers were only prohibited from terminating or discriminating against an employee for making a complaint to the employer or the state’s Commissioner of Labor regarding purported violations of the New York Labor Law, including a violation which “creates and presents a substantial and specific danger to the public health or safety, or which constitutes health care fraud.” However, in light of the recent amendments, employees, as well as former employees and independent contractors, are protected from retaliatory action if they disclose, or threaten to disclose, to a supervisor or public body an activity, policy, or practice of their employer that: (1) the employee reasonably believes is in violation of any law, rule, or regulation; or (2) the employee reasonably believes poses a substantial and specific danger to the public health or safety. Further, the amendments expand the scope of “retaliatory action” to include any adverse action taken by an employer to discharge, threaten, penalize, or in any other manner discriminate against any employee (or former employee or independent contractor) from exercising his or her rights under the law (N.Y. Labor Law §§ 215 and 740).

    Final paychecks

    Are there state-specific rules on when final paychecks are due after termination?

    Regardless of whether an employee voluntarily leaves his or her job or is terminated, the employer must pay the employee’s wages no later than the regular pay day for the pay period during which termination occurred (N.Y. Labor Law § 191). Wages may be paid by mail, if requested by the employee.

  • September 26, 2022 5:56 PM | Anonymous

    On Sept. 8, 2022, the Food and Drug Administration (FDA) released a new safety communication about squamous cell carcinoma (SCC) and various lymphomas in the capsule around breast implants. This document is now available to healthcare providers, patients and caregivers on the FDA's Medical Device Safety webpage.

    The American Society of Plastic Surgeons (ASPS)/The Plastic Surgery Foundation (PSF) has been in communication with the Food and Drug Administration (FDA) regarding this emerging issue. Data on this topic are limited and evolving; however, the Society would like to provide ASPS members with additional information specifically about Breast Implant-Associated Squamous Cell Carcinoma (BIA-SCC) to support increased clinical awareness and enhanced clinical decision-making as more evidence becomes available.

    Read more at https://www.plasticsurgery.org/for-medical-professionals/publications/psn-extra/news/asps-statement-on-breast-implant-associated-squamous-cell-carcinoma

  • September 17, 2022 4:42 PM | Anonymous

    "Paying more for liability coverage means higher operating costs for private practices, and is likely to force some local facilities to limit care or even close their doors for good. A 40%t increase in insurance premiums is far more than what many doctors’ offices can afford and will result in some pediatricians, radiologists, and general practitioners leaving their practices and moving to states with a less hostile liability environment."

    Read the full article here

  • September 07, 2022 9:27 AM | Anonymous

    1. Physician practices with at least 20% Medicaid patient population are eligible to submit for the bonuses on behalf of eligible employees (listed in the FAQ).

    2. 20% Medicaid includes patients enrolled in Medicaid fee for service, Medicaid Managed Care and where Medicaid is secondary.

    3. Based upon an e-mail from DOH, the 20% does not include non-Medicaid Child Health Plus, the Essential Plan or Medicare (or other public-supported coverage)

    4. The state has not defined what period of time should include the 20%. I think they have left up to the various providers to justify through documentation over some period of time (i.e. 6 months, 1 year, 2 years, etc.)

    5. If you can’t complete the documentation for vesting period 1 (employees from 10/1/21 – 3/31/22), for which the submission deadline is today, September 2, you will have another chance to submit for eligible employees in October for Vesting Period 1, in addition to employees for Vesting Period 2 (employees from 4/1/22 – 9/30/22)

    6. There are 3 additional employee 6-month vesting periods (5 total) running through March 31, 2024

    7. There is a defined formula in the statute for the bonus level for the eligible employees, based upon the number of average hours worked during a 6-month vesting period.

    a. 20-30 hours = $500 bonus/vesting period

    b. 30-35 hours = $1,000 bonus/vesting period

    c. 35 hours or more = $1,500 bonus/vesting period

    8. An eligible employee may not receive a bonus for more than 2 vesting periods, with a maximum bonus of $3,000 cumulatively

    9. With very limited exceptions, an eligible employee cannot have earned more than $62,500 for a particular vesting period

    10. Medical residents and fellows are eligible to receive the bonuses. With some limited exceptions, they remain eligible even if they shifted facilities during a particular vesting period.

    Additional resoruces: 

  • September 06, 2022 12:19 PM | Anonymous

    They also want to follow the lead of 16 states who annually index their minimum wage to inflation to keep up with the cost of living.

    Read the full article here

  • September 01, 2022 12:45 PM | Anonymous

    In early August, the New York State Department of Health (DOH) announced and opened the New York Health Care Worker Bonus (HWB) Program, which provides $1.2 billion dollars in health care worker bonuses to eligible employees. On August 29, the DOH issued updated guidance and addressed a number of questions raised under the Program. Notably, the DOH is affording employers a grace period for submitting claims for the first vesting period. The first vesting period was previously slated to close this Friday, September 2, but has now been extended to October 31. Employers impacted by this Program should review the updated FAQs and consult with employment counsel to ensure compliance with the requirements of the complex processes involved.

    Read the full article here

  • August 30, 2022 12:28 PM | Anonymous

    The New York State Legislature passed two bills aimed at easing medical debt back in May, and a new report indicates they are much needed.

    The first bill bans medical liens and wage garnishment; the second regulates the billing of so-called "facility fees," and requires that patients be informed about those fees upfront.

    In a report on hospital debt, the Community Service Society of New York found that 112 nonprofit hospitals sued more than 53,000 patients across the state between 2015 and 2020.

    Dr. Elisabeth Benjamin, vice president of health initiatives with the CSSNY, said she thinks facility fees help hospitals get money from people when they aren't supposed to be charged.

    Read the full article here

  • August 30, 2022 12:15 PM | Anonymous

    Labor unions hoping for permanent workplace safety standards to protect healthcare staff from COVID-19 infections in the workplace were dealt a blow Friday when an appeals court denied an emergency petition they filed.

    Unions pushed heavily for the Occupational Safety and Health Administration to implement a federal emergency temporary standard for medical facilities amid shifting guidance from national and local agencies through the first year of the pandemic.

    OSHA did so in June 2021 with a rule mandating hospitals and other healthcare facilities follow requirements around ventilation, physical barriers and other protections intended to reduce virus transmission.

    In December, the agency then announced it would withdraw the rule though it was working toward a permanent regulatory solution while considering broader infectious disease rulemaking.

  • August 19, 2022 12:11 PM | Anonymous

    As part of its 2023 state budget, New York State has allocated $1.2 billion for the payment of bonuses to certain frontline healthcare workers. This bonus program is intended to reward healthcare workers for their services during the COVID-19 pandemic and to promote employee retention and recruitment in the healthcare sector. Qualified employers who wish to participate in the program must submit claims for bonus payments for all of their qualifying employees.

    Read the full article here
    Rivkin Radler LLP

  • August 18, 2022 12:41 PM | Anonymous

    "The New York State Department of Labor clearly states that an employer may not discriminated against any employee who uses cannabis so long as the use is taking place outside of the workplace, outside of work hours, and without the use of any of the employer's equipment or property. Any employer who discriminated against an employee who smokes pot would be a violation of federal law."

    "Employers are allowed to create policies which would prohibit employees from performing any and all job duties while impaired by cannabis."

    Read the full article here
    WNBF News Radio 1290 AM & 92.1 FM

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The New York State Society of Plastic Surgeons, Inc (NYSSPS) was founded in 2008 on the guiding principle that New York’s plastic surgeons need an entity focused directly on representing its member's interests at the state / federal legislative and regulatory levels.


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