On February 21, 2023, the National Labor Relations Board issued a landmark decision in McLaren Macomb that has the potential to seismically change how employers approach and manage employee separations that include severance packages. In response to this landmark decision and the impact it will have on many employers, Reed Smith’s Labor & Employment team
NLRB stunner: Board rules that non-disparagement and confidentiality provisions in severance agreements are unlawful
On February 21, 2023, the National Labor Relations Board issued a landmark decision in McLaren Macomb that has the potential to seismically change how employers approach and manage employee separations that include severance packages. Overturning well-settled precedent, the Board held in a stunning decision that severance agreements containing non-disparagement and confidentiality provisions are unlawful under
New York employers must provide workplace notices and posters to employees electronically
For decades, businesses within New York State have been required by federal, state and, in certain cases, local law to physically post various notices and posters in the workplace. However, last month Governor Kathy Hochul signed into law Senate Bill S6805, which mandates that Empire State employers now also make any legally-required notices and
New York enacts warehouse worker protection law
On December 21, 2022, New York Governor Kathy Hochul signed the Warehouse Worker Protection Act (WWPA) into law. The WWPA is intended to protect warehouse workers from unreasonably demanding work quotas and goes into effect on February 19, 2023.
As detailed in this post, the WWPA establishes new requirements for distribution centers to disclose work
BREAKING: FTC proposes rule to ban U.S. non-compete agreements
As we discussed in an October 2021 article regarding the future of restrictive covenant agreements in the U.S., President Biden in July 2021 directed the U.S. Federal Trade Commission (FTC) to explore potential ways to limit the use of non-compete agreements. On January 5, 2023, the FTC followed through on the President’s directive by proposing
New York State enacts broad wage transparency law
As we detailed in a recent Thomson Reuters article, wage transparency laws have become the latest trend in US workplace-related legislation. Such laws have, to date, been enacted in noteworthy locales such as California, Colorado and New York City. On December 21, 2022, New York State became the latest jurisdiction to adopt a wage transparency
New York City proposes bill to effectively eliminate “at will” employment
On December 8, 2022, three New York City Council Members proposed a workplace-related bill that would essentially do away with the concept of “at will” employment in the Big Apple. Suffice it to say, the proposed bill would, if passed, be an absolute game changer for businesses in one of the country’s largest commercial markets.
Reminder to New York City employers: The city’s wage transparency law goes into effect November 1, 2022
As we previously reported, effective tomorrow (November 1, 2022), New York City law will require that virtually all internal and external job postings include the minimum and maximum salary/wage rate that the employer in “good faith” believes it is willing to pay for the advertised job, promotion, or transfer opportunity. The New
New York City to lift workplace vaccine mandate
In early December 2021, then-Mayor Bill de Blasio announced that all private sector employers in New York City would need to adopt a mandatory COVID-19 vaccination policy for their workers. This meant that all private sector employees in New York City needed to be vaccinated against COVID-19 in order to perform in-person services within the
New York implements Health Care and Mental Hygiene Worker Bonus Program
On August 3, 2022, New York Governor Kathy Hochul announced the implementation of New York’s Health Care and Mental Hygiene Worker Bonus Program (the Bonus Program). The Bonus Program, passed as part of the State budget, amends New York Social Services Law by requiring qualified employers to pay up to $3,000 in bonuses to certain health care and mental hygiene workers over statutory vesting periods. This post details the eligibility, qualifications, and employer obligations under the Bonus Program.
Which employers and employees are subject to the Bonus Program?
A qualified employer is an employer with at least one employee that either: (i) bills under the state Medicaid plan; (ii) bills under the home or community-based services waiver; or (iii) bills for Medicaid through a managed care organization or managed long term care plan. Providers, facilities, pharmacies, and school-based health centers licensed under the New York Public Health, Mental Hygiene, and Education Laws, as well as certain state agency funded programs, fall within this definition.
“Front-line” health care and mental hygiene workers who “provide hands-on health or care services to individuals” are eligible to receive the bonus. This includes full-time and part-time employees and independent contractors who are physically present in New York. To qualify for a bonus under the program, an employee must also: (i) earn less than $125,000 annually; (ii) remain employed by a qualified employer for the duration of at least one vesting period (which the New York State Department of Health (NYSDOH) has established is six months); (iii) have a title included on the list of Eligible Worker Titles published by the NYSDOH; and (iv) not have been suspended or excluded from the Medicaid program during the vesting period.
The NYSDOH further clarified in a Town hall meeting that employees who work remotely, but serve in patient-facing roles such as telehealth nurses and social workers, are also considered eligible employees, provided that they meet the criteria outlined above.Continue Reading New York implements Health Care and Mental Hygiene Worker Bonus Program