May 29th, 2020Annual Election and Budget Vote Assistance Available June 9
What would you do? You are conducting your District’s Annual Election and Budget vote. You have received two absentee ballots in the same envelope. Can you count either ballot? What if a voter who you believe is not a resident submits a ballot? What steps should you take? You have a smudged write-in vote. Do …
May 29th, 2020Layoffs on the Horizon? Prepare Now!
Public school districts are facing the prospect of significant State funding cuts because of the COVID-19 pandemic’s devastating impact on New York State’s finances. As a result, reductions in force may be a part of some school districts’ reopening plans. Different rules and layoff procedures will apply to different classes of employees, so school district …
May 29th, 2020Data Security and Privacy Takes on Renewed Importance During Distance Learning
In light of the shift to distance learning due to the COVID-19 emergency, the security of student data has become a more pressing concern for school districts and BOCES. This article provides an update on recent cyber threats and a reminder of school district and BOCES’ responsibilities under Education Law Section 2-d. Unfortunately, COVID-19 has …
May 27th, 2020Don’t Lose Sight of New York State’s Permanent Paid Sick Leave Benefits Law
While most employers were focused on the legal obligations associated with coronavirus-specific laws, the New York State Legislature passed, and the Governor signed, new legislation requiring all private sector employers to provide sick leave (including paid sick leave) to their employees. The new law takes effect 180 days after it was signed into law, or …
Apr 24th, 2020No Forms, But You Are Still Entitled to Documentation from Employees Taking Federal Paid Sick Leave and/or Expanded FMLA Leave
The U.S. Department of Labor (DOL) has issued regulations under the Families First Coronavirus Response Act (FFCRA). These regulations provide guidance regarding the documentation required to support an employee’s request for paid leave under the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). To be clear, these …
Feb 26th, 2020An Employer’s Failure to Investigate a Discrimination Complaint in a Reasonable Manner Can Constitute Discrimination
A 2016 decision by United States Court of Appeals, Second Circuit, demonstrated that an employer’s negligence in investigating a complaint of discrimination can result in a finding of discrimination in certain circumstances. See Vasquez v. Empress Ambulance Serv., Inc., 835 F3d 267 [2d Cir 2016]. Commenting on the holding in the Vasquez case, the Second …
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