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Federal DOL Set to Publish a Proposed Rule Regarding Fluctuating Workweek Pay
Under the federal Fair Labor Standards Act, employers who agree with employees who work a fluctuating number of hours each week to pay th...

Paul F. Keneally
Sep 6, 20191 min read


The Employer's Duties Regarding The Safety of Employees and Others
The recent sad and tragic accident involving a young boy’s death at an outdoor grease trap at a local coffee shop brings to mind the duties

Paul F. Keneally
Aug 7, 20191 min read


New Employee Wage Lien Law Expected Shortly
New York State Governor Cuomo is expected to sign a bill granting employees and former employees the power to lien real and personal prop...

Paul F. Keneally
Jul 9, 20193 min read


Federal DOL Proposes Changes/Clarifications to the Definition of "Regular Rate" Under the FLSA
The determination of the regular rate of pay for employees who are non-exempt under the Fair Labor Standards Act (“FLSA”) and, therefore,...

Paul F. Keneally
Jun 11, 20192 min read


Employee Paid Time Off to Vote Law Changes in New York
As part of the New York fiscal year 2020 budget announced April 1, 2019, Election Law Section 3-110 was immediately amended to allow work...

Paul F. Keneally
May 6, 20191 min read


Is it Legal to Fire an Employee Who is Out on Short-Term Disability?
This question and answer was printed in a Monroe County Medical Society 2019 Bulletin. This relatively short question implicates many emp...

Paul F. Keneally
Mar 29, 20193 min read


NYS DOL Not Implementing Call-In Pay Regulations
Good news! On 2/27/19, the New York State Department of Labor issued a statement that it would not pursue implementing the proposed call...

Paul F. Keneally
Feb 28, 20191 min read


Federal Government Shutdown Fallout: How Employers Who Use E-Verify Handle the System Being Down
Employers who use E-Verify to comply with their I-9 obligations have not had access to the system since December 22, 2018. Crucially, ho...

Paul F. Keneally
Jan 7, 20191 min read


Expected 2019 PFL Developments
As New York State employers continue to manage their first year of paid family leave (PFL) benefits available to employees in 2018 (8 wee...

Paul F. Keneally
May 9, 20181 min read


Common Law Duty of Non-Solicitation of Customers for Sellers of Businesses
For good reason, given the volume of litigation generated by them, restrictive covenants in employment agreements attempting to limit or ...
Paul F. Keneally
Nov 23, 20164 min read


New York Trial Court Refuses to Enforce Physician Restrictive Covenant
It has long been the law in New York that employment contract covenants restricting what employees can do post-employment, generally diff...
Paul F. Keneally
Jul 6, 20161 min read


Legal Experts Offer Guidance to Managers on Employment Issues
If one of your employees shows up for work drunk, you can fire them. But if they tell you they’re an alcoholic, you’ll probably have to...
Paul F. Keneally
Mar 21, 20164 min read


Steps to Ensure a Transgender Employee is Treated Lawfully in the Workplace
Federal and state employment laws protect transgender people from discrimination and harassment in the workplace. Many employers may not...
Paul F. Keneally
Jun 26, 20153 min read


Attorney’s Duty to Plan Extends Further Than You Think
In a recent tragic and somewhat unlucky case, attorneys are reminded of the significant responsibility we accept when we are retained by ...
Paul F. Keneally
Nov 17, 20143 min read


Reverse Sexual Harassment
Please see this case study from 2014 which demonstrates the need to thoroughly investigate all claims of sexual harassment in the workpl....
Paul F. Keneally
Sep 22, 20141 min read


Cause & Good Reason Clauses in Executive Employment Agreements
In New York and most other states, employment is presumptively at-will, meaning both employer and employee are free to terminate the empl...
Paul F. Keneally
Aug 4, 20141 min read
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