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Articles by Gregory Reilly
New York Proposes Workplace Opioid Antagonist Regulations
“No one should die from an overdose at work when we have the tools to prevent it,” Assemblywoman Amy Paulin said when announcing the new law. Against the backdrop of New York’s opioid crisis, the Legislature enacted Labor Law § 27-f to make opioid antagonists, such as naloxone (sold under the brand name Narcan), available in the workplace as first aid. The law was originally set to become effective in June,1 but the Legislature pushed back the effective date to December 13, 2026.
Second Circuit Holds That One Harassment Claim Can Keep The Entire Lawsuit Out Of Arbitration Under The EFAA
On September 30, 2026, the Second Circuit (covering New York, Connecticut, and Vermont) held that when an employee’s lawsuit includes a sexual harassment or sexual assault claim covered by the Ending Forced Arbitration Act (EFAA), the employee may choose to litigate the entire lawsuit in court, including unrelated claims that would otherwise go to arbitration. Diaz-Roa v. Hermes Law, PC (2d Cir. 2026).
Second Circuit Holds that One Harassment Claim Can Keep the Entire Lawsuit Out of Arbitration Under the EFAA
On September 30, 2026, the Second Circuit (covering New York, Connecticut, and Vermont) held that when an employee’s lawsuit includes a sexual harassment or sexual assault claim covered by the Ending Forced Arbitration Act (EFAA), the employee may choose to litigate the entire lawsuit in court, including unrelated claims that would otherwise go to arbitration. Diaz-Roa v. Hermes Law, PC (2d Cir. 2026).
New York Proposes Workplace Opioid Antagonist Regulations
“No one should die from an overdose at work when we have the tools to prevent it,” Assemblywoman Amy Paulin said when announcing the new law. Against the backdrop of New York’s opioid crisis, the Legislature enacted Labor Law § 27-f to make opioid antagonists, such as naloxone (sold under the brand name Narcan), available in the workplace as first aid. The law was originally set to become effective in June,[1] but the Legislature pushed back the effective date to December 13, 2026.
Effective November 8th New York Employers Must Provide Employees Access to Their Personnel Files
New York recently enacted a law that, among other things, requires employers to provide current and former employees with a copy of their personnel records upon the employee’s request. Overview of the Major Provisions The new law amends the New York State Labor Law and will take effect on November 8, 2026.
New York "Trapped At Work Act" Amended To Change Effective Date And Resolve Ambiguities
FH Ford & Harrison LLP More FordHarrison is a labor and employment firm with attorneys in 29 offices, including two affiliate firms. The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation. On February 13, 2026, New York Governor Hochul, signed amendments to New York's Trapped at Work Act into law. United States Employment and HR
New Year, New Proposed Rules For New York City's Recently Amended Earned Safe And Sick Time Act
FH Ford & Harrison LLP More FordHarrison is a labor and employment firm with attorneys in 29 offices, including two affiliate firms. The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation.
New Year, New Proposed Rules for New York City's Recently Amended Earned Safe and Sick Time Act
Effective February 22, 2026, covered employers will have to comply with new amendments to New York City's Earned Safe and Sick Time Act ("ESSTA" or the “Act”), as we previously wrote. To aid employers in complying with this novel legal landscape, New York City's Department of Consumer and Worker Protection ("DCWP"), which enforces ESSTA, has published a Notice of Public Hearing and Opportunity to Comment on Proposed Rules (the “Notice”) related to the latest amendments to the Act.
Are You Up To Date In 2026? Key Developments In New York Employment Law
FH Ford & Harrison LLP More FordHarrison is a labor and employment firm with attorneys in 29 offices, including two affiliate firms. The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation. This past year, New York lawmakers once again implemented new laws and imposed new legal obligations on employers.
Are You Up to Date in 2026? Key Developments in New York Employment Law | JD Supra
This past year, New York lawmakers once again implemented new laws and imposed new legal obligations on employers. Employers should ensure they are aware of and comply with these new legal developments: Increased Minimum Wage and Overtime Exemption Threshold. As of January 1, 2026, New York’s minimum wage increased to $17 per hour in New York City, Long Island, and Westchester, and increased to $16 per hour everywhere else in New York.
New York "Trapped at Work Act" Now in Effect, But May be Amended | JD Supra
January 12, 2026 To embed, copy and paste the code into your website or blog: As discussed in our previous Alert, a bill recently signed into law by New York Governor Hochul and now in effect prohibits certain “stay or pay” agreements that require employees to repay their employer for training costs if the employee resigns before a specified period.
New York "Trapped At Work Act" Now In Effect
A bill recently signed into law by New York Governor Hochul and now in effect prohibits certain "stay or pay" agreements that require employees to repay their employer for training costs if the employee resigns before a specified period.
New York "Trapped at Work Act" Now in Effect | JD Supra
A bill recently signed into law by New York Governor Hochul and now in effect prohibits certain “stay or pay” agreements that require employees to repay their employer for training costs if the employee resigns before a specified period.
New Paid Prenatal Leave Requirements For Employers In New York City
Real World Impact: Effective July 2, 2025, New York City's Department of Consumer and Worker Protection will amend its implementing rules to the City's Earned Safe and Sick Time Act to include the City's own version of New York State's paid prenatal leave ("PPL") obligations for employers. Much of the City's rules will merely duplicate the requirements already mandated by State law. However, employers should be aware that the City's version will impose some additional responsibilities.
New York Lawmakers Consider Progressive Reforms To Severance Agreements
The New York State Senate passed the "No Severance Ultimatums Act" ("the Act"), which, if enacted, "prevents employers from giving coercive ultimatums to employees or former employees relating to such employee's severance from employment." Under the proposed law, employers must: Notify employees of their right to consult an attorney about the severance agreement; Provide employees with a "consideration period" to review the agreement, not less than 21 calendar days; and Provide a seven-day...
New Paid Prenatal Leave Requirements for Employers in New York City | JD Supra
Real World Impact: Effective July 2, 2025, New York City’s Department of Consumer and Worker Protection will amend its implementing rules to the City’s Earned Safe and Sick Time Act to include the City’s own version of New York State’s paid prenatal leave (“PPL”) obligations for employers. Much of the City’s rules will merely duplicate the requirements already mandated by State law. However, employers should be aware that the City’s version will impose some additional responsibilities.
New York Lawmakers Consider Progressive Reforms to Severance Agreements | JD Supra
The New York State Senate passed the “No Severance Ultimatums Act” (“the Act”), which, if enacted, “prevents employers from giving coercive ultimatums to employees or former employees relating to such employee's severance from employment.” Under the proposed law, employers must: Notify employees of their right to consult an attorney about the severance agreement; Provide employees with a “consideration period” to review the agreement, not less than 21 calendar days; and Provide a seven-day...
What Employers Need To Know About New York's Expansion Of Workers' Compensation Benefits For Mental Health Injuries
New York significantly expanded workers' compensation benefits to include coverage of certain mental health-related injuries. As of January 1, 2025, the New York Workers' Compensation Law provides that "all workers" who suffer "mental injury premised upon extraordinary work-related stress" may file for workers' compensation benefits for specific types of mental health injuries.
What Employers Need to Know About New York's Expansion of Workers' Compensation Benefits for Mental Health Injuries | JD Supra
New York significantly expanded workers’ compensation benefits to include coverage of certain mental health-related injuries. As of January 1, 2025, the New York Workers’ Compensation Law provides that “all workers” who suffer “mental injury premised upon extraordinary work-related stress” may file for workers’ compensation benefits for specific types of mental health injuries.
Liquidated Damages Now Unavailable In Certain New And Pending Payroll Frequency Lawsuits
Real World Impact: Many New York employers facing substantial liability arising from class actions alleging pay frequency violations of New York Labor Law Section 198 now have relief. Governor Hochul recently signed into law as part of a budget bill an amendment to the Labor Law that effectively eliminates the availability of liquidated damages against most employers that failed to pay their manual workers on a weekly basis.
Liquidated Damages Now Unavailable in Certain New and Pending Payroll Frequency Lawsuits | JD Supra
Real World Impact: Many New York employers facing substantial liability arising from class actions alleging pay frequency violations of New York Labor Law Section 198 now have relief. Governor Hochul recently signed into law as part of a budget bill an amendment to the Labor Law that effectively eliminates the availability of liquidated damages against most employers that failed to pay their manual workers on a weekly basis.
SCOTUS Resolves Circuit Dispute On FLSA Evidence Standards, Clarifying Lower Evidentiary Burden For Employers
Real World Impact: In a unanimous decision issued on January 15, 2025, the Supreme Court of the United States ruled that the "preponderance of evidence" standard applies to employers seeking to prove an employee exemption from overtime pay under the Fair Labor Standards Act (FLSA). Background: The FLSA establishes labor standards, including the federal minimum wage and overtime requirements for workers.
SCOTUS Resolves Circuit Dispute on FLSA Evidence Standards, Clarifying Lower Evidentiary Burden for Employers | JD Supra
Real World Impact: In a unanimous decision issued on January 15, 2025, the Supreme Court of the United States ruled that the “preponderance of evidence” standard applies to employers seeking to prove an employee exemption from overtime pay under the Fair Labor Standards Act (FLSA). Background: The FLSA establishes labor standards, including the federal minimum wage and overtime requirements for workers.
New York Employers - Key 2025 Employment Law Updates
Employers in the Empire State face several significant changes in 2025. These legal developments impact everything from sick leave to minimum wage. Here are the key takeaways for employers. In April 2024, New York became the first state to require private employers to provide paid prenatal leave to employees. Effective January 1, 2025, employers must provide 20 hours of paid prenatal leave every year.
New York Employers – Key 2025 Employment Law Updates | JD Supra
Employers in the Empire State face several significant changes in 2025. These legal developments impact everything from sick leave to minimum wage. Here are the key takeaways for employers. Paid Prenatal Leave In April 2024, New York became the first state to require private employers to provide paid prenatal leave to employees. Effective January 1, 2025, employers must provide 20 hours of paid prenatal leave every year.
New Jersey Judge Interprets EFAA As Requiring Employment Claims To Be Split Into Two Forums
Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee's employment-related claims before both a judge and arbitrator. New Jersey Bergen County Superior Court Judge John O'Dwyer recently ruled in Paton v.
New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums | JD Supra
Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s employment-related claims before both a judge and arbitrator. Background New Jersey Bergen County Superior Court Judge John O’Dwyer recently ruled in Paton v.
How Courts Have Analyzed Discrimination Claims After The U.S. Supreme Court's Decision In Muldrow v. City Of St. Louis, Missouri: What New York Employers Need To Know - Employee Benefits & Compensation - Employment and HR - United States
Real World Impact: In April, the Supreme Court issued a decision in Muldrow v. City of St. Louis, Missouri, lowering the standard that federal courts had applied for decades on discriminatory transfer claims under Title VII of the Civil Rights Act of 1964.
How Courts Have Analyzed Discrimination Claims after the U.S. Supreme Court's Decision in Muldrow v. City of St. Louis, Missouri: What New York Employers Need to Know | FordHarrison - JDSupra
Real World Impact: In April, the Supreme Court issued a decision in Muldrow v. City of St. Louis, Missouri, lowering the standard that federal courts had applied for decades on discriminatory transfer claims under Title VII of the Civil Rights Act of 1964.
New York Leads The Way With New Paid Prenatal Leave
Executive Summary: The New York State Legislature's recently passed budget included a provision making pregnant employees eligible for employer paid time off from work for doctor appointments, medical procedures or other types of prenatal care. This new law becomes effective January 1, 2025. It is the first state law in the nation to require such paid prenatal care benefits. It only applies to private sector employees in New York.
New York Leads the Way with New Paid Prenatal Leave | JD Supra
Executive Summary: The New York State Legislature’s recently passed budget included a provision making pregnant employees eligible for employer paid time off from work for doctor appointments, medical procedures or other types of prenatal care. This new law becomes effective January 1, 2025. It is the first state law in the nation to require such paid prenatal care benefits. It only applies to private sector employees in New York.
Employers Likely to Face a Wave of COVID-19 Class Action Litigation | JD Supra
As the ongoing COVID-19 pandemic continues to drastically impact the U.S., class action lawsuits have been on the rise. Despite court closures, class action filings have increased and are expected to continue. The risk to companies of class and collective action proceedings has been amplified.
A New Epidemic: Class Actions Against Colleges and Universities by Students Demanding Refunds | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The New Class Action Risk: Gift Cards Without Braille | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New Jersey Employers Beware: NJ Wage Theft Law Greatly Expands Potential Employer Liability for Wage and Hour Violations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New York Releases Final Sexual Harassment Guidance and Training Resources
On Oct. 1 New York state released its final sexual harassment guidance and resources, which implement New York’s April 2018 amended sexual harassment laws. The combined legal framework imposes the below requirements upon virtually all New York employers, including healthcare institutions.
When the Problem is Sexual Harassment, Employing a Zero-Tolerance Policy May Not Be the Best Answer
In recent months, there have been well-publicized claims of sexual harassment involving men in powerful and/or prominent positions, such as Matt Lauer, Senator Al Franken and Bill O’Reilly, among others. In many of these reported cases, the alleged harasser was removed from his position. In response, some employers might think it is wise to implement “zero tolerance” policies in which offenders are terminated immediately from employment for any form of sexual harassment.
Federal Civil Rights Act Prohibits Employment Discrimination Based on Sexual Orientation
The United States Court of Appeals for the 2nd Circuit recently ruled that Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination in the workplace. The ruling effectively extends the federal ban on employer bias based on “race, color, religion, sex or national origin” to encompass sexual orientation. The court determined that discrimination relative to sexual orientation was included within the definition of sexual discrimination.
Recent Employment Law Changes Affecting Medical Practices
There are several new employment laws that affect all employers, including medical practices in New York. Employers and all medical practices should be aware of these new laws and implement policies and practices to ensure compliance. Effective Oct. 31, 2017, the pay inquiry law prohibits employers in New York City from asking a job applicant’s salary history during the hiring process, unless the information is offered voluntarily. New York Governor Andrew M.
New York’s Paid Family Leave Law: What Employers Should Know and How to Prepare
In July, New York State Workers’ Compensation Board adopted the final regulations to implement the New York State Paid Family Leave Benefits Law (PFL). Although the PFL is not effective until Jan. 1, 2018, the final regulations are effective immediately.
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