Recent Publications - Brian S. Conneely


Department of Labor Issues Guidance on Categorization of Independent Contractors and Employees
August 6, 2015
On July 15, 2015, the head of the Wage Hour Division of the United States Department of Labor (the “DOL”) issued a 15-page guidance which states that the DOL takes the position that most workers are employees under the Fair Labor Standards Act and should not be classified as independent contractors.  New York State and …
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New York City Earned Sick Time Act Commences April 1, 2014
March 31, 2014 | Employment & Labor
The New York City Earned Sick Time Act (the “Act”), as recently amended, goes into effect on April 1, 2014.  The amendment has set forth significant changes to the original New York City Earned Sick Time Act, adopted into law on June 26, 2013 (the “Original Act”).  Key provisions of the Act are discussed herein.  …
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New Law In New York Regarding Wage Deductions
September 30, 2012 | Employment & Labor
On September 7, 2012, Governor Cuomo signed a new law, effective November 6, 2012, which amends Section 193 of the New York State Labor Law (the New York wage deduction statute).  As many of you are aware, over the last few years the New York State Department of Labor has taken the position in cases …
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Recent Updates in Health Care Employment Law
August 14, 2012 | Employment & Labor
New York health care providers employ almost one million employees in New York State and are subject to a wide array of employment laws as well as unique challenges and issues.  Most of these laws apply to health care providers regardless of whether they employ four or four thousand employees.  This column will briefly summarize …
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Employment Law Update 2011-2012
February 29, 2012 | Employment & Labor
There were a large number of new state and federal employment laws, employment regulations and court decisions in 2011-2012 involving employment law which affects both employers and employees.  Lawyers must be aware of these new issues when representing their clients and law firms as employers must comply with these new requirements.  This article will briefly …
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New Workplace Laws and Regulations – 2011
February 28, 2011 | Employment & Labor
There are a number of new laws and regulations with which employers in New York must comply involving wages, commissions, independent contractors, tips, domestic workers, funeral leave, family medical leave, retaliation, genetic information and victims of domestic violence. Additionally, the federal and state Departments of Labor as well as other federal and state agencies have …
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Finding That Plaintiff Is No Longer Disabled Is Affirmed, Despite Social Security Administration Determination That…
May 6, 2005 | Employment & Labor
Finding That Plaintiff Is No Longer Disabled Is Affirmed, Despite Social Security Administration Determination That Plaintiff Was Disabled Robert Muller appealed from a judgment of the United States District Court for the Northern District of New York that denied his claim that the termination of his employer-sponsored disability benefits by First Unum Life Insurance Company …
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401(k) Plan Amendment Did Not Require Liquidation of Investment
April 18, 2005
An employee of R.J. Reynolds Tobacco Company, a wholly-owned subsidiary of RJR Nabisco Holdings Corp., brought suit against the fiduciaries of the company’s 401(k) retirement plan. He asserted that they had acted imprudently when they liquidated two of the plan’s investment funds at a loss. The defendants argued that the employee had failed to state …
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Employees Lose Bid for Pension Plan Payments Following Sale of Division
December 31, 2004 | Employment & Labor
The plaintiffs in this case were employed in a division of SKF USA, Inc., when SKF sold the division to Tyson Bearing Company. The plaintiffs became employees of Tyson immediately after the sale at the same facility and did not suffer any period of unemployment or interruption of wages. Under the terms of the sale, …
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