Statistics show that workplace bullying affects 1 in 6 American workers.  Despite such startling statistics, there is presently no law on the books which protects employees from an abusive work environment.  Yet, there may be hope!  Since 2006, a New York grassroots organization, New York Healthy Workplace Advocates, has been lobbying New York Congress to pass the “Healthy Workplace Bill.”  The Bill can be read in its entirety at http://nyhwa.org/bill.html.

What is the Healthy Workplace Bill or “HWB”?  (more…)

Tags: bullying, healthy workplace bill, hwb, new york healthy workplace advocates, workplace bullying

The Medicare Secondary Payer Statute requires that no payments for treatment or services for a beneficiary be made by Medicare when payment has been made, or can reasonably be expected to be made under a workmen’s compensation law or plan of the United States or a State or under an automobile or liability insurance policy or plan (including a self-insured plan) or under no fault insurance.

Notwithstanding the terms of the secondary payer statute, Medicare may make conditional payments, which payments must be reimbursed to Medicare if it is demonstrated that such primary plan has or had a responsibility to make payment with respect to such item or service. (more…)

Tags: fixed percentage option, medicare, medicare secondary payer statute, msprc

From April 9th, 2011 onward, employers must comply with significant new procedural obligations under New York State’s recent Wage Theft Prevention Act. The first major change is the requirement of employers to provide every employment with written notification of information such as rates of pay, allowances, the regular payday, the employer’s full name and physical address, overtime rates, etc. This information must be provided both at the time of hire and annually. Furthermore, these notifications must be in writing (not transmitted electronically), they must be provided in English as well as the employee’s primary language, employers must receive written acknowledgement that the notification was received, both the notice and acknowledgement must be preserved for six years, and employees must be notified of any changes to the information at least seven days prior.

Another component of the Act makes it mandatory (more…)

Tags: wage theft prevention act

Make sure you know the rules.

The old adage “get it in writing” is critical when it comes to commissioned sales employees. In fact, the New York Labor Law provides that you must have a detailed written agreement that is signed by both the employer and the commissioned sales employee.

How detailed must the written agreement be? At a minimum, the written agreement must include:

(more…)

Tags: commissioned employee, commissioned sales, department of labor, labor law

What is the Family Medical Leave Act and who qualifies?
The Family Medical Leave Act (“FMLA”) was enacted to protect the jobs of employees in need of time off from work to assist family members.  More specifically, it gives employees the right to take up to 12 weeks of unpaid, job protected leave in any 12 month period to care for a newborn or newly adopted child or a seriously ill parent, child or spouse.  The employer must hold the employee’s job or provide a similar job upon his/her return, continue group health benefits, and continue the accrued benefits earned by the employee prior to the leave (e.g., vacation time, seniority).

To qualify, the employee must work for an employer that has 50 or more employees, and the employee must have worked for the employer for at least 12 months and 1,250 hours in the year preceding the leave.

What are the 2009 changes and how do they apply?
On January 16, 2009, (more…)

Tags: family medical leave act, fmla, leave of absence, unpaid leave