“No Wage Theft Loophole Act” Passed in New York
The State of New York recently passed a bill closing what many considered a “loophole” in the state’s laws protecting employees against wage theft. Previously, while labor law in New York made it unlawful to withhold portions of an employee’s wage, it was unclear under what circumstances employers could seek exemption. The explicit purpose of Senate Bill S858 is “to clarify that Article 6 of New York’s Labor Law completely and without exception prohibits lack of distribution of earned wages.” Labor Law in New York Article 6 of New York’s Labor consists of …
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How FDA Approval of Pfizer Vaccine Will Affect Vaccine Mandates
What does the Food and Drug Administration’s (FDA) approval of Pfizer’s COVID-19 vaccine mean for vaccine mandates in New York? Cathryn Harris-Marchesi, employment attorney and partner at The Noble Law, explains the implications of this approval in today’s audio blog. FDA Approval of Pfizer’S COVID-19 Vaccine This past Monday, Pfizer’s COVID-19 vaccine, now named Comirnaty, became the first COVID-19 vaccine to be approved by the FDA. The vaccine has been available to individuals 16 years or older under emergency use …
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The “Line” Was And Is Very Clear, Governor Cuomo
“In my mind, I’ve never crossed the line with anyone. But I didn’t realize the extent to which the line has been redrawn,” commented New York Governor Andrew Cuomo in his resignation speech last week. According to his response, the 11 sexual harassment allegations brought up against him were not his own misconduct, but, rather, the result of “generational and cultural shifts” that he was unable to keep pace with. The sentiment of his speech illustrates a willful ignorance of …
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Fair Chance Act Expands Protections for NYC Workers with Criminal Records
For jobseekers with a criminal history, workplace discrimination is a real problem. The ability to gain lawful employment, receive income, and contribute to society is necessary to end the cycle of recidivism. Fortunately, the New York City Council recently expanded protections for local workers with criminal records to reduce unfair discrimination. The New York City Fair Chance Act The New York City Fair Chance Act (FCA) took effect in October 2015. It states that employers cannot: Inquire about …
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NY Dept. of Labor Issues New Guidance on Paid COVID-19 Leave
On January 20, 2021, the New York Department of Labor (NYDOL) issued new Guidance for employers regarding the NYS COVID-19 Sick Leave Law enacted in March 2020. With this recent change, employers and employees alike need to be aware of their revised obligations and rights. Employees are eligible to receive up to three rounds of paid COVID-19 leave These scenarios play out in several ways, and there are limitations. Here is a general overview of the DOL’s new Guidance for …
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Understanding Employment Unions in New York
Employment unions exist to help individual employees contend workplace matters without having to go to an attorney. However, there are circumstances in which an employee might require an attorney in tandem or after contacting their union. In today’s Noble Notes audio blog, Lead New York Attorney Cathryn Harris-Marchesi explains the union grievance process, collective bargaining agreements, discrimination claims, and filing deadlines. Termination, failure to promote, unequal pay, or any other workplace matters that conflict with a union’s collective bargaining agreement …
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The New York HERO Act
On April 21, 2021, the New York Health and Essential Rights Act, also known as the NY HERO Act, passed both houses and now awaits the signature of Governor Cuomo to become law. The NY HERO Act aims to provide industry specific health protections to all workers. The Act will require all businesses to follow and adopt COVID-19 protection protocols to protect workers from airborne illnesses or face fines. Employers who fail to adopt a relevant plan will be subject …
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The Global Impact of COVID-19 on Women
Alongside being a partner and lead New York attorney at The Noble Law, Cathryn Harris-Marchesi is an active member and United Nations delegate with the Commission on the Status of Women (CSW) in New York, which focuses on worldwide issues related to women, children, and gender. After the CSW’s sixty-fifth session (CSW65) at the United Nations in New York, and intense set of high-level discussions lasting two weeks, March 15 through March 26 2021, New York is about to issue …
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Employer Mandated Vaccine Programs
Following up on his discussion with WRAL, associate employment attorney Evan Dancy further explains the implications of employer-mandated vaccine programs. Topics of Discussion: Can an employer institute a vaccine mandate to their employees? What protections are given to employees under the ADA? What if an employee has a disability that prevents them from receiving the vaccine? What is an employee has a sincerely held religious belief that prevents them from receiving the vaccine? Are there any practical considerations employers should …
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Non-Compete Agreements in North Carolina
Employment attorney Laura Noble kicks off our new Noble Notes audio blog series with a discussion on non-compete agreements in North Carolina. To be considered eligible in North Carolina, non-compete agreements must be in writing, reasonable in time and territory, of valuable consideration, and for the company’s legitimate business interests. Topics of Discussion: Are non-compete agreements enforceable in North Carolina? Who decides whether a non-compete agreement can be enforced? What should you do before signing a non-compete agreement? What should …
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