Our friends at Privacy & Security Matters recently posted an important update on the New York State Department of Financial Services’ new cybersecurity regulations. The regulations, which became effective March 1, 2017, impose a series of requirements on banks, insurers and financial services firms as well as on third party service providers that have access to these entities’ nonpublic information, such as IT vendors, law firms and accounting firms. Among other requirements, covered entities must designate chief information security officers within their organizations, create detailed response plans for dealing with security breaches and institute employee training programs. The regulations establish several compliance deadlines and we strongly encourage employers to take a proactive approach in revising their policies and practices to meet these new obligations.

My colleague Alta Ray, was quoted in a Business Insurance article entitled, Injury Records Rule May Lead to More Citations in which she provides steps for employers to avoid retaliation against employees who report workplace injuries.  The article examines the new anti-retaliation provisions to the U.S. Occupational Safety and Health Administration’s electronic record-keeping rule and the challenges the provisions pose to employers.

 

Written by Michael Arnold

Thirteen year-old pitching sensation Mo’ne Davis made headlines this summer as she became the first female to throw a shut-out in a Little League World Series game. She dominated batter after batter and looked mature beyond her years when she addressed the media. Meanwhile, a lesser-known news item seemed equally if not more impressive: Becky Hammon, the collegiate standout and 16-year WNBA veteran, was hired by the NBA world champion San Antonio Spurs as an assistant coach – the first female to occupy that role in any major male American professional sport. These are two more wonderful examples of women entering workplaces traditionally reserved for men.

President Obama has been focusing his attention on women in the workplace as well.

Continue Reading Employment Law Summer Recap 2014: Part 9 of 11 – Mo’ne Davis, Becky Hammon and Obama’s Equal Pay Disclosure Rule: Three More Cracks in the Glass Ceiling

Written by Jessica Catlow

Just because an employer calls someone an independent contractor does not make him or her so. Because revenue-starved states have been increasingly focusing on independent contractor classification issues, challenges to the proper classification of service providers arise most commonly in the context of claims before an applicable state unemployment division.

Continue Reading The Independent Contractor: To Be or Not to Be

By Alden Bianchi and Ann Fievet

Plan sponsors of tax-qualified and other retirement arrangements can now submit corrections for qualification failures, both voluntary and on audit, through the IRS’s Employee Plans Compliance Resolution System. Though correction of a 457(b) plan, whether maintained by a governmental or a tax-exempt entity, is at the discretion of the IRS, plan sponsors now have a potential remedy for compliance failures, including violations of sometimes arcane and complex tax rules. Click here for the full advisory providing details on the new voluntary correction system and what it means for plan sponsors.

Written by Michael Arnold

The New York State Department of Labor has finally released regulations interpreting the Wage Deduction Law that New York amended nearly a year ago. At last, I can sleep at night. Here are my 5 quick takeaways from those regulations, which are relatively easy to read and can be accessed hereContinue Reading New York State Department of Labor Adopts New Wage Deduction Regulations

Written by Michael Arnold

I just finished reading a very interesting opinion in Wang v. Phoenix Satellite Television US, Inc., which Judge Castel issued late last week out of the Southern District of New York and which addresses the scope of the New York City Human Rights Law – arguably the broadest anti-discrimination statute in the nation. In it, the Court threw out the hostile work environment discrimination claims of the plaintiff, Lehuan Wang, finding that the NYCHRL does not extend its protections to unpaid interns. (Her separate failure to hire discrimination claims survived.) This holding does not seem all that controversial to me. The Federal, state and local anti-discrimination laws have traditionally never extended their protections to volunteers or unpaid interns unless their provisions explicitly provided for such coverage. However, I’m not sure employers should rest so easy here. Let me explain.

Continue Reading New York Federal District Court Declines to Extend Protections against Discrimination under the New York City Human Rights Law to Unpaid Interns; But Should the Analysis End There?

By Douglas Hauer and Ari N. Stern, with the assistance of Anagha Prasad

As reported earlier in the week by the Wall Street Journal, over 2,300 businesses this year have been subject to a worksite audit by the Department of Homeland Security’s Immigration and Customs Enforcement (“ICE”).  These audits, which can be quite burdensome, are part of a broader effort by the Obama administration to curb illegal immigration.

 

Continue Reading Immigration Audits: Coming to a Business Near You