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El 18 de Marzo de 2020, el presidente Trump promulgó La Ley de Primera Respuesta al Coronavirus de las Familias. La ley establece, entre otras cosas, licencias para empleados relacionados con el coronavirus y entrará en vigencia 15 días a partir del 18 de Marzo. La ley proporciona licencia por enfermedad de emergencia, licencia familiar de emergencia y créditos fiscales. Al igual que la ley de Nueva York sobre la que escribimos en el blog a principios de esta semana, la aplicación de la ley varía según el tamaño del empleador. Los detalles de la ley se analizan a continuación.

La Ley de Primera Respuesta al Coronavirus de las Familias requiere que ciertos empleadores proporcionen a sus empleados licencia remunerada por enfermedad o familia por razones específicas relacionadas con COVID-19. [1] La División de Salarios y Horas del Departamento de Trabajo administra y aplica los requisitos de licencia pagada de la nueva ley. Estas disposiciones se aplicarán desde la fecha de entrada en vigor hasta el 31 de diciembre de 2020.

Aucensia  Por  Enfermedad 

En estos tiempos inciertos, los Neoyorquinos están luchando por encontrar consuelo siempre que sea posible. En el contexto del empleo, los empleados se han enfrentado a preguntas sobre la seguridad laboral, la seguridad de los ingresos y cómo equilibrar las instrucciones para quedarse en casa del gobierno y los intentos de los empleadores de mantener sus negocios en funcionamiento.

El 18 de Marzo del 2020, la ley fue firmada por el gobernador de Nueva York, Andrew Cuomo, promulgaría leyes para otorgar licencias y licencias por enfermedad pagadas por ausencias laborales relacionadas con el coronavirus. El blog de derecho laboral de Long Island de hoy discute las disposiciones de la ley.

Empleados sujetos a cuarantena mandatoria o cuarentena precaucinarias ordenado por el Estata de Nueva York , Departamento de Salud o culaquier entidad gubernamental debidamente authorizada para emitar dicha orden, tendra derecho a licencia por enfermedada pagada de la siguente manera:

Long Island employment lawyers Famighetti & Weinick PLLC have started a new “Lockdown Video series.”  The series will address emerging employment law issues created because of the Covid-19 / coronavirus epidemic. As videos become available, they will be posted to this blog.

Episode 1: Must Healthcare Workers Report to Work if not Given Protective Equipment?

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act.  The law provides for, among other things, leave for employees related to the coronavirus and becomes effective 15 days from March 18.  The act provides emergency sick leave, emergency family leave, and tax credits. Like the New York law we blogged about earlier this week, the law’s application varies depending on employer size.  The specifics of the law are discussed below.

Sick Leave

The law provides for paid sick leave for some employees.  Preliminarily, this portion of the law applies only to employers with less than 500 employees.  As to employers who meet this number requirement, employees may qualify for paid sick leave if they meet any of these requirements:

Better late than never. Long Island employment law firm Famighetti & Weinick PLLC is excited to announce the addition of team member, Elisa. Elisa joins the firm as our paralegal. Although we’re approaching Elisa’s one year anniversary, we’ve all been so busy that we weren’t able to write an official welcome blog, until today.

Elisa’s value to the firm and to our clients is self-evident. Before her hire, Elisa studied criminal justice at Excelsior College. Her coursework included instruction about the United States court system, immigration, juvenile justice, criminal law, and ethics, coursework which aligns with the firm’s values of providing legal services to vulnerable segments of the population.

Elisa also received her paralegal studies certificate from Hofstra University. At Hofstra, Elisa learned skills which she puts to work everyday, including research and writing, and civil litigation procedures. Her substantive law classes included contracts, real estate, family law, business organizations, and Wills, Trusts, and Estates.

Courts can only hear cases over which they have jurisdiction. For example, a family court could hear a divorce case, but not a breach of contract case. A surrogate’s court in New York can probate a will, but it cannot award damages in a personal injury case. Today’s Long Island employment law blog discusses the jurisdiction of federal courts and a recent appeal’s court decision relating to jurisdiction.

A court’s jurisdiction is generally considered either general or specific. In New York, the Supreme Court (which is actually the lowest level court) is generally a court of general jurisdiction. This means Supreme Courts can hear nearly any type of case. For purposes of efficiency however, the state created other courts of specific jurisdiction. As noted above, family courts, surrogate’s courts, and small claims courts were created to hear specific types of cases so that the Supreme Court can hear other matters without its docket being clogged.

Federal courts are, by the very nature of the Constitution, courts of limited jurisdiction. Since the federal government only has the power to regulate those areas granted by the Constitution and all other areas of regulation and lawmaking are reserved to the states, federal courts cannot hear all types of cases. Generally, federal courts can hear cases in one of two ways, either by diversity jurisdiction or federal question jurisdiction. Diversity jurisdiction exists when the parties live in different states. For example, if Jim lives in New York and Joe lives in New Jersey and Jim was injured in a car accident with Joe, Jim could sue Joe in a federal court. But, if Jim and Joe both live in New York, Jim would have to sue Joe in a New York State Supreme Court.

When two legal rights collide, how does the court pick a side? The United States Supreme Court’s ruling on June 4, 2018, in Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, made it clear that it is not an easy decision. Today’s Long Island civil rights blog discusses whether a baker can rightfully turn down a gay couple’s request to design their wedding cake if the baker’s religion does not accept gay marriage.

Freedom of speech and religion are two important civil liberties protected under the First Amendment to the United States Constitution. Freedom of speech extends to both traditional verbal speech, and expressive conduct also known as symbolic speech. Burning a flag and wearing a t-shirt opposing a political leader are two examples of symbolic speech.

Conduct remains at the heart of symbolic speech claims. Thoughts, ideas, and opinions are powerful and courts have decided to protect them in certain scenarios. However, the conduct’s offensiveness or irrationality can never be taken into consideration when deciding whether or not the conduct deserves First Amendment protection.

For the fourth consecutive year, Long Island employment lawyer Matt Weinick has been asked to return to Hofstra Law School to teach the Foundational Lawyering Skills class.  Weinick will be designated as a Special Instructor to teach second year law students, commonly referred to as “2L’s.”

According to Hofstra Law School’s website, the Foundational Lawyering Skills class is a required course for all second year students.  It teaches “core lawyering skills” such as litigation and transactional lawyering.  Instructors assess the students’ competency in those skills.  The class is comprised of a lecture and “break-out classes.”  Weinick will be instructing one section of the break-out class on Tuesday afternoons.

The fall 2018 semester will be the fourth year in a row Weinick has participated as an instructor in the Foundational Lawyering Skills class program.  Last year Weinick’s students commented that he was “pleasant,” “professional,” gave “thoughtful feedback,” “He was good, seemed effective,” and he was “Great, informative, knew the material, gave effective comments.”

The federal Fair Labor Standards Act  (“FLSA”) and the New York State Labor Law (“NYLL”) require employers to pay employees overtime whenever they work over 40 hours in a workweek. The overtime pay rate, under both laws, is 1.5 times the regular rate of pay. So, for example, if an employee’s regular hourly rate is 14 dollars, but that employee works more than 40 hours during  a certain week, then the employer must pay the employee 21 dollars an hour for every hour worked over 40.  Today’s Long Island employment law blog discusses whether this overtime requirement applies to service advisors working automobile dealerships in New York.

One point that is different between the FLSA and the NYLL is the list of employees who are exempt from the overtime requirement. Being exempt means that the employee is not entitled to receive overtime pay. For example, employees who work at car dealerships as service advisors are one of the types of employees who are exempt from the federal overtime pay requirement, but not from the New York State law requirement.

Some employment agreements may also prevent an employer from simply turning their back to overtime pay requirements and may nevertheless require them to pay an employee overtime even if they are not required to do so under either the FLSA or NYLL.

Are teachers in educational settings other than primary schools, secondary schools, or colleges entitled to receive minimum wage for out-of-classroom work and/or overtime pay when their classroom and out-of-classroom work exceed forty hours per week? New York’s highest federal court recently said “NO!”

The following facts are taken from Fernandez v. Zoni Language Ctrs., Inc. decided by the Second Circuit Court of Appeals on May 26, 2017.

The plaintiffs were English Language instructors at a private, for-profit institution offering English classes to adult students. The teachers argued that their employer, Zoni Centers, was required to pay them minimum wage for hours worked outside of the classroom, such as when preparing for class and grading work, and overtime hours when their classroom and out-of-classroom work exceeded forty hours per week. The District Court held that although employers are generally required by the Fair Labor Standards Act (“FLSA”) to pay employees minimum wage and overtime, teachers are considered bona fide professionals exempt from these FLSA requirements. Thus, Zoni Centers was not required to abide by the general FLSA requirements.

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