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New York Employers Subject to Prenatal Leave Law §196-b

Posted: October 22nd, 2024

New York State is once again at the forefront of new progressive labor laws supporting women’s productive rights. Revisions to Section 196-b of the New York Labor Law were recently signed into law, mandating that as of Jan. 1, 2025, all employers are required to provide employees with up to 20 hours of paid prenatal personal leave each year.

“Paid Prenatal Personal Leave” means “leave taken for the health care services received by an employee during their pregnancy, . . .including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.”¹

All employees may take up to 20 hours of paid personal leave for prenatal medical care received in any 52-week calendar period. This leave may be taken in hourly increments, paid at the employee’s regular pay rate. Unused prenatal personal leave is not required to be paid upon an employee’s termination.

All employers within the state of New York, regardless of the size of the business or number of employees, must provide this leave. This applies even to those small employers required only to provide unpaid sick leave. Employers are also required to reinstate employees to their original position or an equivalent one upon their return from prenatal personal leave.

Employers are prohibited from requiring employee disclosure of confidential information to substantiate their request for paid prenatal personal leave. Employers may not request medical verification of any kind relative to this leave unless the leave is used for three or more consecutive days.² Retaliating against employees who take prenatal leave is also prohibited.

As with any legal provisions, employers should stay informed about employee rights and employer responsibilities under the laws to ensure compliance and promote a healthy, productive work environment. We expect that the New York Department of Labor will publish regulations or FAQs to clarify our substantive concerns in the coming months.

For more guidance, please contact us at 631-738-9100.

Related Laws and Benefits

Section 196-b is separate and apart from existing state laws that protect the other rights of employees related to pregnancy. For example:

• New York Paid Sick Leave Law ³
• New York City Paid Safe and Sick Time Law ⁴
• Right of Nursing Employees to Express Breast Milk in the Workplace⁵
• Maternity Leave under NYS Paid Family Leave Law⁶
• Paternity Leave under NYS Paid Family Leave Law⁷
• Federal Family and Medical Leave Act (FMLA)⁸

N.Y. Labor Law § 196-b (2020).
N.Y. Comp. Codes, R. & Regs. tit. 12, § 196-1.3.
N.Y. Comp. Codes, R. & Regs. tit. 12, § 196-1.3.
N.Y. Comp. Codes R. & Regs. tit. 22, § 24.6, 22 NY ADC 24.6.
N.Y. Labor Law § 206-c (McKinney).
N.Y. Comp. Codes, R. & Regs. tit. 12, § 380.
N.Y. Comp. Codes, R. & Regs. tit. 12, § 380.
29 U.S.C.A. § 2615.

Legal Brief: Fall Round Up – Upcoming Casino Gala, Latest Insights and More!

Posted: October 21st, 2024

Richard DeMaio Named Leadership in Law Award Honoree

Posted: October 8th, 2024

Campolo, Middleton & McCormick, LLP is pleased to announce Richard DeMaio has been selected by Long Island Business News to receive a 2024 Leadership in Law Award. This award recognizes dedicated individuals whose leadership, both in the legal profession and in the community, has had a positive impact on Long Island. Recipients of these awards demonstrate outstanding achievements, involvement in their profession and support of the community. DeMaio will accept his award at the Leadership in Law Awards Gala at the Crest Hollow Country Club on Nov. 12.

At CMM, DeMaio focuses on litigation in varied subject matter including contract issues, business disputes, environmental matters, and municipal matters in state and federal court. His municipal work includes Article 78 proceedings, zoning/land use matters, and defending municipalities. He also focuses on commercial landlord-tenant cases and a variety of appeals.

DeMaio has been actively involved in the Suffolk County Bar Association (SCBA). In addition to his new role as a Director, DeMaio currently serves as Treasurer and an officer of the Suffolk Academy of Law, the educational arm of the SCBA.

Employers Beware of Liability Stemming from the Happy Hour

Posted: October 3rd, 2024

By: Christine Malafi, Esq. email

Recently, a New York appellate court found an employer liable for an employee’s injuries that arose from an off-site “happy hour” event.¹

The injured employee,² Bruce A. Matter, was an account executive for Google. He was struck by two motorized bicycles while crossing a street to get to a bus stop to go home after an “invitation-only”³ event, a “SADA & Google Cloud—Happy Hour,” at a local biergarten for the “Google Cloud NYC team.”

At the trial, Google’s representative explained that the purpose of such events is to develop and maintain business relationships between Google’s sales team and business partners, which, in turn, allows a better understanding of different strategies that may be pursued for sales purposes.

The Court reasoned that in order for an injury to be compensable under the New York Workers’ Compensation Law, the injury “must arise both out of and in the course of employment,” which means that injuries sustained during work must be related to the performance of one’s job duties. While “[g]enerally, accidents that occur outside of work hours and in public areas away from the workplace are not compensable,” if “there is a causal nexus between the accident and employment,” those injuries will be compensable under the law.

The Court found that a link between the accident and Matter’s employment was supported by substantial evidence, acknowledging the informal nature of the happy hour, but finding that Google clearly derived a benefit from its employee’s participation in the event by the development and maintenance of business relationships that generated increased sales and revenue. The Court also found that the employee’s attendance at the happy hour “altered the usual geographical or temporal scheme of travel, thereby altering the risks to which [he was] usually exposed.”

Employers should be aware that any events (including happy hours) that benefit them, where employees are encouraged to attend, may lead to not only workers’ compensation claims by injured employees, but also may lead to claims by third parties that have been injured by employees attending such events.

For labor and employment guidance, call us at 631-738-9100.

Matter v. Google Inc., No. CV-23-0719, 2024 N.Y. App. Div. LEXIS 4814 (3d Dept. 2024). ↩︎
The injuries were reported to be “traumatic brain injury, was diagnosed with vertigo, and injured in his left shoulder, left knee, right elbow, left lung, four ribs, and both eyes.” ↩︎
Matter, 2024 N.Y. App. Div. LEXIS 4814, at *1. ↩︎

Malafi Presents at CLE: The Future of Non-Compete Agreements in New York

Posted: October 1st, 2024

Event Date: October 16th, 2024

This program will examine recent government attempts to ban most types of non-compete agreements, including the Federal Trade Commission’s recently stricken Non-Compete Clause Rule (“Final Rule”) and potential future New York State legislation. Join CMM Senior Partner Christine Malafi to discuss the challenges and objections made to the ban, potential exceptions to the ban, and alternatives to non-compete agreements.

Details

Date: Wednesday, October 16, 2024

Time: 12 PM – 1 PM

Where: Zoom

The program will provide you with 1.0 CLE credits in Professional Practice.

Register Now

6 CMM Attorneys Recognized as 2024 Super Lawyers^® and 4 Named Rising Stars

Posted: September 25th, 2024

Campolo, Middleton & McCormick, LLP is proud to announce that ten attorneys at the firm, in multiple practice areas, have been named to the 2024 Super Lawyers® list, four of them as a Rising Star. The CMM attorneys recognized this year, in practice areas including Business and Corporate, Personal Injury, Real Estate, Business Litigation, Mergers & Acquisitions, Construction Litigation, Employment Litigation, and Appeals, are:

The rigorous Super Lawyers selection process is based on peer evaluations, independent research, and professional achievement in legal practice. The Rising Stars recognition denotes superior professional achievement by attorneys who have been in practice for under 10 years or are under age 40. No more than 2.5 percent of lawyers in New York State are named to the Rising Stars list.

Learn more about CMM’s outstanding legal professionals here.

Campolo, Middleton & McCormick Closes F-Reorganization Deal for Food Service Company

Posted: September 9th, 2024

Campolo, Middleton & McCormick (CMM) has successfully closed another M&A transaction, this time for a long-standing client. Our journey with this client began over a decade ago when we assisted them in purchasing a company that provides nutritional meals to schools, daycare centers, and summer camps across New York and the surrounding areas.

Throughout this period, we have remained fully engaged with the client, supporting the purchase and subsequent growth of their business. When the client recently decided to sell, we were ready to step in and handle the sale.

The deal involved a stock sale to a private equity firm with established investments in the food service space. Additionally, the deal included an F-reorganization; a tax-free corporate restructuring that alters the corporation’s identity or form.

The deal team led by Vincent Costa, was thrilled to guide the client through every stage of the process, from the initial steps to the successful closing.

The client praised CMM’s dedication, stating, “I really appreciate all the hard work and flexibility. Excellent job in pushing this through!”

Following the sale, our client will continue to oversee operations, ensuring a smooth transition.

This transaction highlights CMM’s experience in M&A transactions and our commitment to our clients. For more information about our mergers and acquisitions practice, please contact us at 631-738-9100.

CMM’s Meagan Nolan Highlighted in LIBN Who’s Who 2024: Women in Professional Services

Posted: August 30th, 2024

Meagan Nolan is a member of Campolo, Middleton & McCormick’s Litigation Department. She works closely with the litigation team to handle an array of business disputes, including contract issues and employment matters. She also handles construction, personal injury, and insurance defense matters.

A skilled researcher, Nolan plays a critical role in matters from the start, researching and assessing claims and drafting pleadings and motions. She is also hands-on in discovery and has conducted a number of depositions in various construction and personal injury matters. In addition, she assists in trial preparation, and has conducted research to help prepare for cross-examination in connection with trials where CMM ultimately prevailed.

Nolan joined the CMM team as a Summer Associate in 2021, and returned after graduating from the Maurice A. Deane School of Law at Hofstra University in 2022.

She is an active member of the Suffolk County Bar Association, serving as a Committee Chair for their Newly Admitted Attorneys Committee.

View the full Who’s Who book here.

How to Disclose the Sale of Your Business Without Losing Employees

By: Christine Malafi, Esq. email

Tags: M&A

In the process of selling your business, it is important to consider your existing employees and how and when you will inform them of the sale. Employees contribute to the company’s culture, its values, and its processes; and their expertise can prove instrumental in ensuring the business continues operating efficiently. Here are some tips for disclosing the news while retaining key employees, bridging the gap between old and new ownership, and facilitating a smooth transition.

Consider the Size of Your Company
The size of your company can affect whether you employ a strategy to disclose prior to or after the sale. Despite the risks and benefits of either strategy, transparency is optimal to prevent employees learning about the sale from third parties.

If your staff is large, then waiting until after the sale may achieve the best result. In this case, disclose early information about the sale only to those employees that will play a significant role in the sale process, such as the controller or CFO. These employees should sign a non-disclosure agreement to ensure information is kept confidential.

If your staff is small, then letting employees know prior to the sale may prove beneficial. Early disclosure to staff provides early awareness and an opportunity for mental preparation. This fosters a sense of transparency and trust, allowing employees to engage in the process and offer valuable input. Moreover, this provides the new buyer with ample time to meet with your key employees to ensure they remain onboard post-sale.
Consider a Two-Tiered Approach
In a two-tiered approach, you first tell your key employees about the sale, either individually or collectively, then disclose to lower-level employees. This additional preparation time provided to key employees allows them to formulate favorable responses to questions and concerns about the news of the sale from lower-level employees.
Consider the Benefits of Post-Sale Disclosure
If the sale prematurely dissolves, the decision to disclose post-sale avoids anxiety about job insecurity, which can result in unnecessary employee flight. Additionally, the ability of the business to manage its day-to-day operations remains intact, and damage to relationships with clients, customers, or employees is prevented. It also avoids the perception that your business is failing amongst customers, clients, and suppliers, which protects your ability to obtain extensions of credit. In addition, if competitors do learn of the sale, they may attempt to poach your employees and/or customers.
Have a Team Meeting
Team meetings allow the time for employees to understand the sale and ask any questions. Often, employees are apprehensive of job instability as a result of the sale, so it may be beneficial to invite the new owner(s) to the meeting to discuss their plans upon completion of the sale. It may be beneficial to structure the discussion by emphasizing the positive features the sale has for your employees. For example, a new buyer may invest heavily in the company, increase salaries, and make other improvements to the business. If you position the transition correctly, employees will view this as an opportunity rather than a threat. Moreover, it is optimal to take the time to assure employees that their jobs are secure. Your employees will be comforted by this information, and that aids the transition.
Approach the Announcement with Compassion
It is likely optimal to approach the announcement with the utmost compassion, recognizing the diverse emotional responses that each employee may have to the news. This will demonstrate an understanding of the feelings associated with this significant change. Encourage employees to continue their professional development and growth, emphasizing the ongoing opportunities for their careers at the company. Instill confidence in your employees by assuring them that the new owner will take care of their well-being, fostering stability within the company and enabling the pursuit of growth strategies.
Consider Stay or Retention Bonuses
Retention bonuses are paid to long-term and loyal employees that stayed with the business for the entire time that it took to grow and make it prosper, while stay bonuses are paid to employees who stay with the company until the closing date or some period in the future when the transition work is expected to be complete.

Stay bonuses serve as powerful tools to incentivize key personnel to remain committed and engaged throughout the transition process and beyond. They help in retaining crucial talent during the sale and ensure the continuity of essential skills and knowledge for the buyer. They also provide motivation to actively contribute to a successful transition, and act as a strategic investment to preserve stability.

Keep any bonuses realistic. If bonuses are too high, it can cause financial strain, unrealistic expectations, and potential morale issues. Disproportionate bonuses may lead to resentment among employees, create perceptions of unfairness, and pose challenges to long-term sustainability. A realistic bonus avoids disincentivizing employees that remain at the business.

Typically, bonuses are negotiated between the buyer and the seller during a business sale. Most of the time, the seller fulfills existing or created bonus obligations agreed upon. Buyers may agree to take on some bonus obligations, recognizing the value of retaining key employees and aligning with strategic goals. Details of bonus payments should be specified in the sale agreement.

For guidance on managing employees during the process of selling your business, call us at 631-738-9100.