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  • December 07, 2022 11:30 AM | Deleted user

    NEW YORK -- It's the season of giving, but be wary of giving your family members COVID.

    The virus is rebounding in five New York counties.

    CBS2's Christina Fan has the recommendation from the Centers for Disease Control.

    Streets are bustling, masks are off, and capacity limits are gone. It feels as if COVID has been eradicated, but numbers indicate it's very much still here.

    "There are still variants going around. I know someone who has it right now," said Brooklyn resident Darryl Obee.

    The CDC is recommending indoor mask-wearing in five New York counties in its latest COVID data tracker report.

    The Bronx, Brooklyn, Queens, Nassau, Suffolk counties are all in the orange, with positivity rates between 7-10%.

    There's good news, though.

    "We are still seeing that most people who have had their vaccine are still having milder symptoms than those who have not," said Dr. Frederick Davis.

    Read the full article here

  • December 05, 2022 3:04 PM | Deleted user

    What does 4 or more employees mean? For purposes of employer coverage, not all four employees have to work in the same location or even in New York City. Thus, an employer may have one employee working in New York City and still be covered by the law. “Employees” include owners and independent contractors. Employment agencies are also covered, regardless of size, but temporary staffing firms seeking applicants to join their pool of candidates are not.

    What is considered an “advertisement”? An “advertisement” is a “written description of an available job, promotion, or transfer opportunity that is publicized to a pool of candidates,” and includes, without limitation, postings on internal bulletin boards, the Internet, and printed flyers as well as in newspapers. Importantly, there is no requirement for an employer to “advertise” an available job, promotion, or transfer opportunity. Accordingly, employers may hire, promote or transfer without such an advertisement.

    Does the law apply to remote jobs? Yes. While the place of performance must be, at least in part, in New York City, performance could be in-person (e.g., at an office or client site) or remote (e.g., at home).

    How specific does the advertised salary or hourly wage range need to be? Certain ranges will simply not comply with the law, such as “$15 per hour and up” or “maximum of $50,000 per year.” These ranges do not comply because they do not include a minimum and maximum salary or hourly wage. However, employers are permitted to post “ranges” such as “$15 per hour” or “$50,000 per year” if there is no flexibility in compensation. This is permissible because, in effect, the minimum and maximum salary or hourly wage are the same, and thus there is no “range” between the two. Further, the law does not prohibit employers from offering a job, promotion, or transfer opportunity outside of the disclosed range, but the range must still represent what the employer in good faith believed at the time of the posting it would pay for the position.

    What is included as part of “salary”? Salary includes “the base annual or hourly rate of pay regardless of the frequency of payment,” but does not include other forms of compensation or benefits—for instance, paid time off, insurance and retirement benefits, bonuses, commissions, stock, etc.

    What are the penalties or remedies for noncompliance? Although civil penalties are limited where an employer timely cures a violation, the NYCCHR still has authority to require an employer to engage in forms of affirmative relief, such as pay money damages to affected employees, amend an advertisement, and provide employees notice of their rights. Moreover, an uncured first violation may cost an employer up to $250,000.

  • November 30, 2022 12:00 PM | Deleted user

    (The Center Square) – Medical professionals have joined a coalition of businesses and local elected officials in calling for New York Gov. Kathy Hochul to veto a bill that would reform the state’s law for wrongful death litigation, which dates back more than 170 years.

    Opposition to the bill has grown larger, with two prominent OBGYN’s saying they fear it could impact healthcare in the state.The doctors penned separate guest editorials in The Buffalo News and the Albany Times Union over the weekend, arguing liability insurance premiums could rise by as much as 45%. It would be a $60,000 annual increase for some New York OBGYN’s, if the governor signs Assembly Bill A6770/Senate Bill S74-A into law.

    The bill would allow plaintiffs in wrongful death cases to sue for noneconomic losses. If signed into law, New York would join more than 40 states allowing people to seek financial compensation for emotional loss.

    Proponents say the bill covers children, seniors, non-traditional families, and those whose households have little or no income. They say the current law only allows courts to measure an alleged victim’s worth by how much they made.However, Dr. Christine Herde, who chairs the American College of Obstetricians and Gynecologists, District II, said in The Buffalo News, the bill could threaten reproductive freedom in the state.

  • November 29, 2022 11:26 AM | Deleted user

    On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. Specifically, the amendment prohibits employers from “assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action” based upon the use of “any legally protected absence pursuant to federal, local, or state law.” The law likewise makes it unlawful for employers to fire, threaten, or otherwise discriminate or retaliate against employees for their use of lawful absences. The law takes effect on February 19, 2023.

    The New York State Department of Labor (NYSDOL) can issue civil penalties up to $10,000 for violations of section 215 and up to $20,000 for subsequent violations. The NYSDOL can also order reinstatement and award back pay, front pay, and liquidated damages. Individuals who bring suit in court for violations of the NYLL can also recover monetary damages, including, but not limited to, liquidated damages.

    Employers may wish to review the above requirements to ensure their practices comply with the new obligations articulated in the law.

    See the article here
    Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

  • November 28, 2022 1:41 PM | Deleted user

    Press release from

    Governor Kathy Hochul signed legislation (S.6522A/A.7363A) to protect patients facing steep medical bills that can lead to wage garnishment or liens against their property.

    "No one should face the threat of losing their home or falling into further debt after seeking medical care," Governor Hochul said. "I'm proud to sign legislation today that will end this harmful and predatory collection practice to help protect New Yorkers from these unfair penalties. With medical debt a burden for far too many, this is an important step to address this crucial issue."

    Legislation (S.6522A/A.7363A) amends the civil practice law and rules to prohibit health care providers from placing home liens on an individual's primary residence or garnishing wages to collect on medical debt. Governor Hochul outlined her goals to protect New York's consumers and improve their financial health in her 2022 State of the State Address, which includes addressing medical debt and protecting consumers from abusive and punitive practices that lead to increased and undeserved financial pressure.

    Read more here

  • November 08, 2022 3:52 PM | Deleted user

    By Bruce Sarchet and Joy Rosenquist on November 2, 2022

    2022 is coming to a close, and the new year will be here before we know it. While many states, cities and counties seem to be willing to pass employment laws and regulations at any time, the first day of a new year is still the number one day for new employment laws to take effect. 2023 will be no exception.

    Littler Workplace Policy Institute (WPI) has been tracking a host of new employment laws as they have been debated over the past few months. Below is WPI’s annual summary of some of the notable compliance obligations employers will soon be facing. As in the past, this article is not intended to be an exhaustive discussion of every single new employment and labor law. The article focuses on laws of “general application,” although a few industry-specific laws are mentioned. We also cover most large jurisdictions, but not all, and we do not discuss the host of new minimum wage laws, which are just around the corner.

    So get ready—new labor and employment law compliance challenges are here to ring in the new year!

    Click here to read about changes in NY.

  • October 17, 2022 10:01 AM | Deleted user

    Employers who employ individuals who work in New York City should be prepared to comply with the New York City wage transparency law, which goes into effect on November 1, 2022.

    In addition, employers who employ individuals who work in Westchester County, N.Y., should be prepared to comply with a similar wage transparency law that goes into effect on November 6, 2022.

    Read more about Westchester County and NYC rules here

  • October 17, 2022 9:58 AM | Deleted user

    Legislation (A.8537/S.7881) Ensures that Breast Cancer Survivors Who Choose Reconstructive Surgery After a Mastectomy Have Proper Insurance Coverage

    Read more about the legislation that was signed here

  • October 13, 2022 10:01 AM | Deleted user

    Amid soaring inflation, a shaky economy and looming state and city budget gaps, the geniuses in the Legislature this year passed a bill to raise costs for New Yorkers further by expanding the state’s wrongful-death law — and thus rewarding lawyers. It’s up to Gov. Kathy Hochul to block it.

    Known as the Grieving Families Act, the bill would let survivors sue for personal grief, not just quantifiable monetary expenses. It would also extend the time they have to sue to 3½ years and let unmarried partners and others collect damages.

    Lawyers who get a big chunk of the awards will do great. But average New Yorkers will suffer: The extra billions plaintiffs collect won’t fall from the sky, after all; they’ll come largely from insurance companies that’ll pass costs to customers. Businesses that are hit will, in turn, jack up prices or trim workers to save money.

    Health-care providers will be especially hurt: Medical Society prez Dr. Parag Mehta cites actuarial estimates predicting a 40% hike in malpractice premiums for private doctors and 45% for hospitals. The New York Business Council’s Lev Ginsburg fears the bill will force physicians to deploy “defensive medicine,” such as ordering extra tests to protect them from potential suits. Others warn of doctors fleeing the state.

    Read more here

    Send a letter to Gov. Hochul by visiting our Contact Your Representatives page

  • October 03, 2022 2:35 PM | Deleted user

    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.

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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