Employees Cannot Wear Face Covering Due to Medical Condition?Jun 30th, 2020
by Michael L. Dodd

Employees Cannot Wear Face Covering Due to Medical Condition?

If an employee has medical reasons why he/she cannot wear a face mask or other covering, this would trigger the employer’s obligation to engage in the Americans with Disabilities Act (ADA) interactive process. During this process, the employer may send the employee home pending completion of the process.  As part of this process, the employer …

Opioid Epidemic Related LitigationJun 30th, 2020
by Charles E. Symons

Opioid Epidemic Related Litigation

Numerous lawsuits seeking to recover monetary damages and other forms of relief against the pharmaceutical industry have been consolidated into a Multidistrict Litigation proceeding presently pending in federal court in Ohio. There is also a related bankruptcy proceeding pending in federal court in New York. School districts that believe they have suffered significant damages as …

Annual Election and Budget Vote Assistance Available June 9May 29th, 2020
by Michael L. Dodd

Annual 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 …

Layoffs on the Horizon? Prepare Now!May 29th, 2020
by Miles G. Lawlor

Layoffs 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 …

Data Security and Privacy Takes on Renewed Importance During Distance LearningMay 29th, 2020
by Lindsay A. G. Plantholt

Data 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 …

Don’t Lose Sight of New York State’s Permanent Paid Sick Leave Benefits LawMay 27th, 2020
by Michael L. Dodd

Don’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 …

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