• Amendments to Not-For-Profit Corporation Law Effective May 27th

    Important new amendments (“Amendments”) to the New York Not-For-Profit Corporation Law will go into effect on May 27, 2017.  The Amendments aim to mend inconsistencies in the law since the Nonprofit Revitalization Act, which went into effect in 2013.  New York Not-For-Profit Corporations should review their bylaws and conflict of interest policies to make sure they are up to date with these most recent changes. One of the major changes is to the definition of a “Related Party.”  The term was revised to include directors, officers, Key Persons (discussed below), any of their relatives, and any entity in which the directors, ...

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    Thursday, May 25th, 2017

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  • A New Cybersecurity Reality for the New York Insurance and Financial Services Industries

      On March 1, 2017, the New York financial services industry will awaken to a new regulatory regime designed to set minimum standards for the development and functionality of cybersecurity programs.  The New York State Department of Financial Services’ (“DFS”) proposed cybersecurity regulation (the “DFS Rule”) will cover any institution doing business in New York pursuant to a license, registration, charter, or similar authority under New York’s Banking, Insurance, or Financial Services Laws.  Companies outside the financial services sector should also take heed, as regulators overseeing other industries may use the DFS regulations as a benchmark for what a “reasonable” cybersecurity ...

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    Thursday, February 09th, 2017

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  • OMIG Update: December 31 Certification Requirement for Compliance

          The New York State Office of the Medicaid Inspector General: Reminder of Certification Requirement for Compliance Programs and DRA Obligations As a reminder for Medicaid providers subject to New York’s mandatory compliance program obligation in Social Services Law section 363-d and 18 NYCRR Part 521, the December Annual Certification period expires December 31, 2016 at 11:59 p.m. Additionally, New York’s Medicaid providers subject to the Deficit Reduction Act of 2005 must complete their DRA Annual Certification by December 31, 2016 at 11:59 p.m. For OMIG compliance questions year-round, please contact Bill McDonald, chair of our Healthcare practice group, at (631) 738-9100.

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    Monday, November 21st, 2016

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  • U.S. Department of Labor Announces Updates to Overtime Exemption Rule

    On May 18, 2016, the United States Department of Labor released final updates to the Fair Labor Standards Act (FLSA), extending overtime eligibility to over 4.2 million workers.  The key change is to double the salary threshold – from $23,660 to $47,476 per year ($455 to $913 per week) – under which most salaried employees are now guaranteed overtime pay.  Employers should immediately begin preparing to comply with the updates by the effective date of December 1, 2016. Previously, the FLSA’s salary threshold had been updated only once since the 1970s.  The change automatically entitles 35 percent of full-time salaried workers ...

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    Monday, May 23rd, 2016

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  • Healthcare Providers with Health Republic Patients Must Act Now to Protect Ability to Receive Payment

    Healthcare providers must proactively pursue timely payments under New York’s Prompt Pay Law and conduct credentialing verification to protect their income in the wake of the Health Republic insurance company closing. In October 2015, the New York State Department of Financial Services (DFS) announced that Health Republic would halt coverage at the end of November 2015 due to its risk of insolvency.  This announcement started a scramble among healthcare providers.  The state Healthcare Association, an industry group representing hospitals, estimates that hospitals alone are owed at least $160 million from Health Republic. Newsday reported that the DFS has told Magnacare that payments ...

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    Friday, November 20th, 2015

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  • Client Advisory: NYC’s “Ban the Box” Legislation Now in Effect

    Joining state and local jurisdictions across the country, New York City has enacted a “Ban the Box” law that limits employers’ inquiries into the criminal background of job applicants and imposes stringent requirements on employers who intend to make hiring decisions based on such information. The Fair Chance Act, effective as of October 27, 2015, prohibits employers who are based in NYC or otherwise have employees in NYC from asking candidates about their pending arrests or criminal convictions until after extending a conditional offer of employment.  Further, employers are restricted from publishing job postings that state or imply that a person ...

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    Friday, November 20th, 2015

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  • Two Immediate Key Changes for Employers: Wage Theft Prevention Act and Minimum Wage Increase

    The turn of the new year brings two significant changes for employers in New York State. First, the Wage Theft Prevention Act has been modified to reduce a key requirement under New York’s Wage Theft Prevention Act.  Second, New York’s minimum wage has increased to $8.75 per hour.  We address each of these changes below. New York’s Wage Theft Prevention Act (“WTPA”) is intended to keep employees informed of their rate of pay, overtime rate, allowances, payday, etc.  The most notable requirement was to provide each employee with a notice identifying pay-related items specific to each employee.  Previously, the WTPA required that ...

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    Tuesday, February 10th, 2015

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  • NYC Earned Sick Time Act Goes into Effect April 1, 2014

    Effective April 1, 2014, private sector New York City employers with five or more employees must provide paid sick time to all employees who work at least 80 hours in a calendar year.1 Accrual and Use Mayor Bill de Blasio signed the City Council’s expanded sick leave bill earlier this year. The New York City Earned Sick Time Act (the “Act”) provides that these private sector employees will now earn up to 40 hours of paid sick time per year, accruing at a rate of one hour for every 30 hours worked. The Act covers both full-time and parttime workers. Employees may use ...

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    Sunday, March 09th, 2014

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  • New ADA Employment Regulations Finalized Effective May 24, 2011

    The Equal Employment Opportunity Commission “EEOC” issued its final revised Americans with Disabilities Act “ADA” regulations and accompanying interpretive guidance, the ADA Amendments Act “ADAAA”, which will become effective on May 24, 2011. The expanded regulations were designed to simplify the determination as to when employees qualify as disabled. The Amendments Act retains the ADA’s basic definition of “disability” as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways, therefore ...

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    Monday, April 11th, 2011

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  • New York Wage Theft Prevention Act

    The Wage Theft Prevention Act (“Act”) was recently signed into law and becomes effective April 11, 2011. The Act significantly modifies employer requirements regarding wage notices, wage statements and payroll records, and posting requirements. Additionally, the Act includes more stringent anti-retaliation provisions and criminal and civil penalties against noncooperating employers. Below, we highlight some of the new changes and expectations. First, there are considerable changes to wage notice requirements to new and current employees. Prior to this act the law required that employers provide every new hire a written notice that included information such as regular wage rate, the overtime rate, ...

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    Friday, March 11th, 2011

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