NY Legislature

Are You A Little Fuzzy On NY Medical Marijuana Law? You’re Not Alone

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This article was originally published in The Daily Record July 7, 2015.  

Governor Cuomo signed the Compassionate Care Act into law on July 5, 2014, following weeks of closed-door negotiations between the Governor and a number of legislators. With the signing of the Act, New York became the 23rd state to enact a medical marijuana law. However, this is not your typical, “Dr. Dude…give me a prescription so I can light up” law. In fact, many are calling it one of the most complex and restrictive medical marijuana laws in the nation. From the beginning, it’s clear this law will have much broader implications for employers, and their covered employees, than merely legalizing a Continue reading

Workplace Investigations: Answering the Multimillion-Dollar Question

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This article was originally published in The Daily Record February 8, 2016. 

The concept of workplace investigations is nothing new to most employers. However, like so many other employer responsibilities, these investigations have become more complex and, if not handled correctly, filled with potential sources of significant liability.

Before we go too deeply into the investigations, let’s take a look at why they are more necessary than ever. According to the U.S. Equal Employment Opportunity Commission (“EEOC”), in fiscal year 2014 (the most recent statistics available), the Agency received 88,778 complaints of workplace discrimination. However, because individual complaints often charge multiple types of discrimination (for example sexual harassment and retaliation), this number is less than the total number of individual charges. Of the 88,778 complaints received by the EEOC, 42.8 percent included allegations of retaliation, 35 percent included allegations of race discrimination, and 29.3 percent included allegations Continue reading

Moving Forward on Pay Equality in New York

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Posted by Frank Cania, MSEmpL, SPHR, SHRM-SCP – President of DRIVEN HR, LLC

“The women of New York have waited far too long for this day to come.” Governor Cuomo made that statement following a 119-0 vote in the Assembly to pass a bill strengthening New York’s equal-pay law. The bill, A06075, which passed the State Senate with a 145-0 vote in January, is headed to the Governor’s desk for his promised signature. Continue reading

Bill Signed By Gov. Cuomo Repealing the Annual Wage Notice in NYS

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Posted by Frank Cania, MSEmpL, SPHR – President of DRIVEN HR, LLC

Yes, it is signed, sealed, delivered…and confirmed!

According to Governor Cuomo’s staff, the Governor signed bill A.8106-C/S.5885-B, which includes an amendment to the Wage Theft Prevention Act eliminating the annual wage notice requirement for all employees.  http://www.labor.ny.gov/workerprotection/laborstandards/employer/wage-theft-prevention-act.shtm

As reported in a previous post, in order to make the amendment effective in time to eliminate the annual wage notice requirement for 2015, legislative leaders and the Governor have agreed to a chapter amendment that will make the change effective immediately. Based on this agreement, the New York State Department of Labor will not require the annual wage statements in 2015. (Remember, employers are still required to provide new employees with a wage notice at the time of hire.)

I think I can speak for our clients, and my peers in the HR profession when I say, “THANK YOU Governor Cuomo and the New York State Legislature for starting our 2015 with this great news!”

On behalf of everyone at DRIVEN HR, I want to wish you a very Happy, Healthy, and Safe New Year!

Frank-

Please feel free to contact me at frank@drivenhr.com, or 585-672-4142, x15 with questions or for more information.

Disclaimer: This content is for informational purposes only, does not constitute a legal opinion, and is not legal advice. The facts of each situation should be considered and analyzed individually. Therefore, you should always consult with competent employment counsel regarding any issues discussed here. 

Click HERE to learn more about Frank Cania, author of Employers’ HR Advisor.

Update: Gov. Cuomo Expected To Sign Bill to Repeal the Annual Wage Notice in NYS

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Posted by Frank Cania, MSEmpL, SPHR – President of DRIVEN HR, LLC

Call it an early holiday present to New York State employers, or call it long over-do, but according to my sources in Albany, A.8106-C/S.5885-B, the bill that includes the repeal of the annual pay notice under the Wage Theft Prevention Act, was sent to the Governor today for his signature!

As readers of this blog know, the amendment would make the change effective 60-days from the date the bill was signed into law. However, in order to make the amendment effective in time to eliminate the notice requirement for 2015, an agreement is in place between the Legislature and the Governor to make a chapter amendment to the bill that will be passed and approved in early January 2015. That amendment will, among other things, relieve New York State employers of any further obligation to issue the annual wage notice.

Thank you Governor Cuomo and the New York State Legislature for making one of my Christmas wishes come true!

Happy Holidays!

Frank-

Please feel free to contact me at frank@drivenhr.com, or 585-672-4142, x15 with questions or for more information.

Disclaimer: This content is for informational purposes only, does not constitute a legal opinion, and is not legal advice. The facts of each situation should be considered and analyzed individually. Therefore, you should always consult with competent employment counsel regarding any issues discussed here. 

Click HERE to learn more about Frank Cania, author of Employers’ HR Advisor.

Unaware Of New York’s Medical Marijuana Law? You’re Not Alone – Part 1

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Posted by Frank Cania, MSEmpL, SPHR – President of DRIVEN HR, LLC

On July 7, 2014, Governor Cuomo publicly signed the Compassionate Care Act (the “Act”) (officially signed on July 5, 2014, following weeks of closed-door negotiations between the Governor and a number of legislators) legalizing limited use of medical marijuana in New York State. Because I hadn’t seen or heard much about this important legislation, I was interested to know how many clients, attorneys, and friends missed the news on this one. Based on my extremely unscientific poll, only about 25 percent of those contacted knew anything about the Compassionate Care Act. [Note: For the purposes of this article, I am focusing on areas of the Act that may have the greatest impact on the employment relationship. For a more comprehensive understanding, you may view the entire law by visiting the New York Assembly webpage and search for bill A06357.]

Background

The Compassionate Care Act makes New York the 23rd state to enact a medical marijuana law. However, this is not your typical, “Dr. dude…give me a prescription so I can light up” law. In fact, many are calling it one of the most complex and restrictive medical marijuana laws in the nation. From the start it’s clear this law will have much broader implications for employers, and their covered employees, than merely legalizing a substance for the treatment of specific medical conditions. Continue reading

Update: Bill to Repeal the Annual Wage Notice in NYS

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Posted by Frank Cania, MSEmpL, SPHR – President of DRIVEN HR, LLC

Over the last several days, I’ve had clients and colleagues contact me about the fate of the bill repealing the annual wage notice in New York State. I called a few people I know in Albany and got this update.

Background

On July 9th I posted an article titled, A Message to Governor Cuomo: Sign the Bill to Repeal the Annual Wage Notice. In that article I attempted to explain what happens to a bill when it is passed at the end of a legislative session in New York State. The State Senate and Assembly pass identical versions of a bill, it goes to the Governor for consideration, he can sign the bill into law, veto the bill outright, or let it sit on his desk until time expires and it becomes a “pocket” veto.  What was not clear at the time is that the bill does not automatically go to the Governor after it is passed by the Legislature. What seemed to be a very straightforward process is – not surprisingly – more complicated, and political. Continue reading