New York

The U. S. Supreme Court has let stand, without comment, a ruling by the 2nd U. S. Circuit Court of Appeals that pharmaceutical sales representatives did not qualify for either the administrative exemption or the outside sales exemption from the overtime pay requirements of the Fair Labor Standards Act.

The 2nd U. S. Circuit Court of Appeals recently granted a request by a group of police sergeants for a preliminary injunction restraining the New York City Police Department from investigating them during an ongoing Fair Labor Standards Act overtime lawsuit.

Employers are strictly liable under the New York City Human Rights Law (NYCHRL) for supervisor misconduct, including harassment, discrimination and retaliation, New York State's highest court ruled May 6.

Employees have the same expectation of privacy in their e-mails as they do in a postcard that can be easily intercepted, a New York judge concluded, dismissing a criminal complaint against a doctor who allegedly installed keystroke-tracking software on an office computer and then accessed an employee’s personal e-mail.

All health care workers in New York State must be vaccinated annually against the flu as a precondition to employment, under a recent regulation from the state department of health.

The requirement applies to all persons employed or affiliated with a health care facility, whether paid or unpaid, including but not limited to employees, members of the medical staff, contract staff, students, and volunteers, who either have direct contact with patients or whose activities are such that if they were infected with influenza, they could potentially expose patients, or others who have direct contact with patients, to influenza.

Recent amendments to New York state insurance law significantly change how COBRA applies to insured group health plans covering businesses and individuals in the state. The two new changes are: (1) an extension of the 18-month New York "mini-COBRA" period to up to 36 months following a termination of employment; and (2) continued coverage for certain unmarried dependent children under age 30.

Employees working out of state cannot file claims under the New York State and New York City Human Rights Laws unless the impact of out-of-state events and effects of discrimination were felt within New York, the New York State Court of Appeals ruled on July 1.

A nonresident of New York can challenge his employer's alleged discriminatory promotion policy adopted at its New York headquarters as a violation of the New York Human Rights Act, the District of Columbia U.

Employers now have guidance and instructions on complying with New York's recently amended labor law requiring written notification to newly-hired employees of their pay rates and dates and if applicable, overtime rates.

Citing inadequate supply of seasonal and 2009 H1N1 influenza vaccines, New York State Commissioner of Health Robert F. Daines announced the suspension of an emergency regulation promulgated in August requiring certain health care facility personnel to be vaccinated with influenza vaccines.