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NLRB'S Rights Poster Rule Blocked By Temporary Injunction: Apr-20-2012 — On April 17, 2012, the United States Court of Appeals for the District of Columbia granted an emergency injunction just two weeks before millions of private employers would have been required to post a workplace Notice informing employees of their rights under the National Labor Relations Act, including their right to form a union and bargain collectively regarding wages and working conditions. More...
New April Deadline: Federal Obligation to Notify Employees of Their Rights Under the National Labor Relations Act: Dec-28-2011 — The National Labor Relations Board (NLRB) has published its final rule mandating that virtually all private-sector employers subject to the National Labor Relations Act ("The Act") notify employees of their rights under the Act by posting notice(s) in the workplace. This rule applies to both unionized and non-unionized employers. More...
REMINDER: Annual Notices Required Under New York's "Wage Theft Prevention Act": Dec-16-2011 — In December 2010, New York enacted the "Wage Theft Prevention Act" (the "Act"), which amended various significant provisions of the New York Labor Law effective April 2011. The Act added new affirmative obligations for employers and increased the costs of non-compliance. The Act applies to all New York employers (except governmental agencies, which are not subject to the requirements of the applicable Labor Law provisions). More...
Important Notice for Private Sector Employers Subject to the National Labor Relations Act: Dec-13-2011 — On November 30, 2011, the three current members of the National Labor Relations Board ("Board" or "NLRB") voted 2-1, along party-lines, to adopt a number of amendments to the Board's rules pertaining to union elections in the private sector. The amendments do not become final until a further vote is taken after the precise language to the amendments has been drafted. More...
Thomas Brydges Honored by Theodore Roosevelt Inaugural Site Foundation: May-17-2011 — Jaeckle Fleischmann announces that Partner Thomas E. Brydges was presented with the Theodore Roosevelt Inaugural Site Foundation's 2011 President’s Award. More...
Scott P. Horton Named to ProZoo Board of Directors: Apr-27-2011 — Jaeckle Fleischmann announces that Scott P. Horton has been named to the ProZoo Board for the Buffalo Zoo. The board is responsible for organizing several major fundraisers each year and supports the Board of Trustees. More...
New York's "Wage Theft Prevention Act" Imposes Sweeping Changes on State Labor Law: Feb-03-2011 — In December 2010, then-New York Governor David Paterson signed into law the "Wage Theft Prevention Act" (the "Act"), which amended significant provisions of the New York Labor Law. The Act operates as a double-edged sword to private sector employers in New York, both adding new affirmative obligations and increasing the costs of non-compliance. More...
Public Employee Retirement Incentive: Jun-18-2010 — On June 2, 2010, Governor Paterson signed into law Governor's Program Bill No. 249R ("249R"), which establishes a temporary retirement incentive program for certain State employees and other public employees in an effort to streamline the workforce while achieving cost savings for the employer. More...
Federal Contractor Obligations to Notify Employees of Their Rights Under th: May-24-2010 — The United States Department of Labor has published its final rule directing employers who are party to a contract with the Federal government, or a subcontractor of more than $10,000 on such contracts, to post in conspicuous places in the workplace a Notice containing specific language informing employees of their rights under the National Labor Relations Act, including their right to organize or join a union. The Notice also provides examples of unlawful employer and union conduct that interf More...
HIRE Act Provides Tax Breaks for Hiring and Retaining Unemployed Workers: Apr-06-2010 — In a renewed attempt to encourage new employment and stimulate the economy, Congress recently passed the Hiring Incentives to Restore Employment Act ("the HIRE Act"), which President Obama signed into law on March 18, 2010. Under the HIRE Act, a partial payroll tax "holiday" is available to qualified employers that hire unemployed workers, and a business tax credit is available if the employer retains such employees for at least a year. Companies that intend to hire new employees during the rema More...
New York State Alters Guidance to Employers Regarding New Hire Wage Notices: Feb-22-2010 — Since the amendment to Labor Law § 195(1) took effect, the New York State Department of Labor ("NYSDOL") has issued a series of directives to employers. The NYSDOL has not been consistent in its approach, likely creating understandable confusion among employers in trying to comply with the law. This Alert summarizes the current status of the NYSDOL's guidelines regarding the new hire wage notices. Of particular significance is new administrative guidance requiring that employers advise any em More...
Mandatory Wage Acknowledgement Forms Issued by New York State: Nov-03-2009 — As discussed in a prior Alert, Governor Paterson signed a law on July 28, 2009, amending § 195(1) of the New York State Labor Law. Effective October 26, 2009, § 195(1) now requires employers (other than governmental agencies) to have newly hired employees sign acknowledgements that they have received written notice of their wage rates, including overtime rates for non-exempt employees. This Alert provides critical new information regarding employers' compliance with § 195(1). More...
New York State Legislation Triggers Additional Employer Obligations: Aug-31-2009 — New York State Governor David A. Paterson recently signed several pieces of legislation that will require employers in the state to review and revise existing procedures and policies. Our Labor & Employment and Employee Benefits attorneys have drafted alerts regarding this important legislation. More...
New York State Changes Minimum Wage and Overtime Laws: Aug-28-2009 — Recent amendments to New York State's Minimum Wage Orders and Labor Law will require most employers in the state to review and modify their employee compensation practices. The revised requirements affect both current employees and new hires. More...
Minimum Wage Increase to Take Effect on July 24, 2009: Jul-08-2009 — REMINDER: Pursuant to the 2007 amendments to the Fair Labor Standards Act, the Federal minimum wage will be increased from $6.55 to $7.25 per hour effective July 24, 2009. Under New York law, the New York State minimum wage will automatically increase to match any increase in the Federal minimum wage when the Federal minimum wage increases to an amount higher than the minimum wage in New York State. At this time, no additional increase to the New York minimum wage (currently $7.15 for most em More...
The Employee Free Choice Act: Feb-09-2009
Final FMLA Regulations Effective 1/16/09 Require Employer Action: Jan-22-2009 — On November 17, 2008 the U.S. Department of Labor issued its final regulations that change employer and employee responsibilities under the Family and Medical Leave Act (FMLA), including the recent military leave amendments. The regulations include significant changes and clarify the existing FMLA regulations. More...
Labor Alert: Employers -- Be Prepared for the New York State WARN Act: Sep-08-2008 — A new law will require New York State employers to provide advance written notice to employees and other entities in the event of mass layoffs, plant closings, and relocations. The New York State Worker Adjustment and Retraining Notification Act ("WARN") is scheduled to take effect on February 1, 2009. This new state law imposes requirements that are more expansive than those established by the federal WARN Act, which took effect on February 4, 1989. More...
Labor Alert: New Amendments to FMLA Provide Enhanced Leave Entitlements for: Feb-05-2008 — On January 28, 2008, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008, which includes amendments to the Family and Medical Leave Act of 1993 ("FMLA"). More...
Labor Alert: OSHA Announces Final Rule on Employer Paid Personal Protective: Dec-18-2007 — On November 15, 2007, the Occupational Safety and Health Administration of the United States Department of Labor ("OSHA") published a final rule in the Federal Register addressing new requirements that hold employers responsible for the costs of certain employee personal protective equipment ("PPE"). More...
Labor Alert: New York State Social Security Number Protection Law: Dec-06-2007 — A new law in New York State restricting the use and display of an individual's Social Security number (SSN) will be effective January 1, 2008. More...
Labor Alert: Recent Amendments to New York State's Laws Governing Employers: Sep-12-2007 — New York State Governor Elliot Spitzer recently signed new laws expanding the rights of employees in New York. These revisions include two additions to the state Labor Law, and one amendment to the Human Rights Law. More...
Labor & Employment Alert: New York High Court Rules No Weingarten Right for: Mar-05-2007 — In a decision dated February 20, 2007, the New York State Court of Appeals held that the Taylor Law does not give public employees a so-called "Weingarten right" to union representation at an investigatory interview where the employee reasonably believes the interview may result in disciplinary action. More...
Labor Alert: Supervisory Status Under The "Kentucky River" Cases: Dec-05-2006 — On September 29, 2006, the National Labor Relations Board ("NLRB") issued three long-awaited decisions applying the 2001 decision of the United States Supreme Court in NLRB v. Kentucky River Community Care. More...
Municipal Alert: Amendment to New York's Freedom of Information Law: Oct-20-2006 — An amendment to New York's Freedom of Information Law ("FOIL"), which took effect on August 16, 2006, makes it easier for the public to recover attorneys' fees and costs incurred when they are forced to seek judicial review of a More...
Labor & Employment Alert: New York State Adopts Provision Prohibiting Video: Jul-24-2006 — July 7, 2006 - New York State has adopted a new provision of the Labor Law, Section 203-c which prohibits employers from conducting video surveillance of their employees in restrooms, locker rooms, etc... More...
Litigation Alert - New York State Scaffold Law: Apr-13-2005

Articles

Equal Employment Opportunity and Anti Harassment Policy: May-18-2012 — This sample policy may be adapted to prohibit various kinds of unlawful discrimination, harassment and retaliation, and to establish a procedure for employees to complain about such conduct. It is presented for informational purposes only and does not constitute legal advice or opinion with respect to any particular facts or circumstances. This sample may not be appropriate for some employers and it should not be used without professional counsel. It was prepared on More...
Steven J. Ricca and Scott P. Horton featured in Buffalo Law Journal Special Report on Social Media: Feb-21-2012 — Scott P. Horton and Steven J. Ricca provided their insights on the legal profession's use of social media in a Buffalo Law Journal Special Report. More...
Social Media in the Workplace is Both a Blessing and a Curse: Nov-12-2010 — While online social networking websites may have initially targeted high school and college students, they have rapidly expanded to all demographics. More importantly, they’ve reached even the largest corporations and a broad array of smaller companies and not-for-profit organizations of all shapes and sizes. Today businesses from Wall Street to Main Street have established presences in social media. More...
Business First Article - Social media legal side has biz implications: May-18-2010 — What might seem like an innocent status update on Facebook or a tweet on Twitter could carry significant legal consequences, according to Scott Horton, an attorney with Jaeckle Fleischmann & Mugel LLP who specializes in the legal navigation of social media. Read more: Social media legal side has biz implications - Business First of Buffalo More...
A Case for the Non-Compete Agreement: Feb-18-2010 — Today's increasingly mobile workforce requires employers to think seriously about protecting confidential company information against misuse or outright theft by key employees. Contrary to popular belief, New York courts often enforce restrictive covenants designed to protect an employer from unfair competition by former employees, particularly when a well drafted agreement demonstrates necessity and is reasonable in scope. To that end, employers should consider requiring key employees to sign More...
Tear Down the Rumor Mill - Article Features Scott P. Horton: Feb-11-2010 — From Monster.com - Office gossip can hurt individuals, stunt careers and damage corporate reputations. Learn how many companies are taking a harder line toward the rumor mill. More...
Case Summary - Buffalo Police Benevolent Association, Inc. v. City of Buffa: Jul-19-2005
Immigration FYI - Business Visitors to the United States: Apr-07-2005

Newsletters

Risk and rewards substantial for social media users featuring Scott P. Horton: Mar-14-2011 — Featured in Buffalo Law Journal - One only needs to scan the local news to witness the way changes in technology incrementally alter people's actions and the corresponding consequences. Over time, individuals and organizations embrace (or reject) the changes and modify their behaviors. Legal considerations play a prominent role in the adjustment process. More...