Insights
SBD Chalkboard
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New York Employment Law in 2026: What Schools and Employers Need to Know Now
Now that we are firmly in 2026, employers operating in New York State and New York City face a number of new and amended employment laws that impact workplace policies, compensation, discrimination risk, and hiring practices. Below is…
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Immigration Enforcement in Schools: Why Now Is the Time to Review and Reinforce School Policies
On January 22, 2026, it was widely reported in the news that Immigration and Customs Enforcement (“ICE”) detained four children during an enforcement action at a Minnesota school. This event immediately raised concerns once…
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Federal Court Restores School Mental Health Grants: What New York Schools Need to Know
Schools across the country recently received important news about federal funding for student mental health services. A federal court in Washington State ruled that the U.S. Department of Education (DOE) acted unlawfully when it…
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Matthew Delforte Special Guest on the It’s Special podcast.
In the episode, Matthew discusses the systemic failures at the NYC Department of Education with respect to the implementation of hearing and court orders awarded to children with disabilities, the financial crisis it has…
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The DEI Conundrum
As part of its ongoing efforts aimed at limiting Diversity, Equity, and Inclusion (“DEI”) efforts by employers and other institutions, the federal government, through the Equal Employment Opportunity Commission (“EEOC”) and the Department of…
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New York State Paid Prenatal Leave
On January 1, 2025, an amendment to New York State Labor Law §196-b, Sick Leave Requirements will go into effect requiring private sector employers to provide paid time off to pregnant employees for Prenatal…
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Workers’ Bill of Rights Requirement for Private Employers
New York City employers should be aware that the New York City Administrative Code was amended on December 4, 2023 to require employers to provide their employees, prospective employees, and independent contractors with a…
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USDOL New Independent Contractor Rule Immediately Challenged in Court
On January 10, 2024, the United States Department of Labor once again issued a new Rule regarding Independent Contractor status, after having their prior 2021 Rule blocked by a federal court in 2022. The…
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Amendments to the Workplace Violence Prevention Law And Their Effects on Charter Schools
Charter Schools should be aware that on September 6, 2023, Governor Hochul signed into law an amendment to the Workplace Violence Prevention Law that extended its coverage to charter schools. The amendment went into…
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NYC Prohibits Discrimination based on height and weight
Effective as of November 26, 2023, the New York City’s Human Rights Law (the “NYCHRL”) has been amended to prohibit discrimination based on height and weight. The amendment prohibits employers, housing providers, and places…
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NLRB Issues Final Joint Employer Rule
On October 27, 2023, the National Labor Relations Board (“NLRB”) published a final rule regarding Joint Employer Status. The new rule, which is similar to the common law Joint Employer standard prior to 2020…
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Regulatory Amendments Related to Student Discipline and Aversive Techniques
In July 2023, the New York State Board of Regents adopted a series of regulatory amendments relating to student discipline and physical interventions meant to further protect student safety during all instances of physical…
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NYS Department of Education – New Formal Opinion on alternative instruction for public and approved nonpublic school students
On October 10, 2023, the New York State Department of Education’s Office of Counsel issued a new Formal Opinion regarding alternative instruction for public and approved nonpublic school students serving out of school suspensions.…
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Equal Employment Opportunity Commission (“EEOC”) released long-awaited updated Workplace Harassment guidance
This week, the Equal Employment Opportunity Commission (“EEOC”) released long-awaited updated Workplace Harassment guidance. The guidance was posted for public review (https://www.eeoc.gov/proposed-enforcement-guidance-harassment-workplace) and public comment (https://www.regulations.gov/document/EEOC-2023-0005-0001). This new guidance is…
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New York Electronic Monitoring Law
On November 8, 2021, Governor Katchy Hochul signed into a law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage.
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Reasonable Accommodations During COVID
The question of whether COVID-19 falls under the Americans With Disabilities Act’s definition of disability (defined as a physical or mental impairment that substantially limits a major life activity, or a history of a…
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Sexual Harassment Obligations and the Remote Workplace
For many employers in New York State, the move to virtual workplaces due to the COVID-19 pandemic has created all sorts of new responsibilities and issues to manage. One…
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PPP Update
Update: On May 13, 2020, the SBA released new guidance, via FAQ #46, on how it will evaluate a borrower’s good-faith certification regarding the economic necessity of its loan…
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CARES Act and the PPP
On May 6, 2020, the U.S. Small Business Administration (“SBA”) announced an extension of the deadline to return any loan received under the Paycheck Protection Program (“PPP”). Previous SBA…
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New York State Sick Leave and COVID-19
After initially passing temporary sick leave protection for workers affected by COVID-19 in March, the New York State Legislature followed those temporary and limited protections with the passage of…
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Press Release
In a decision and order dated April 3, 2017, New York State Commissioner of Education, MaryEllen Elia, determined that the New York City Department of Education’s (“DOE”) Gifted and Talented (“G&T”) appeals policy is…
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Overtime Rule Halted, But Don’t Be So Quick to Avoid Reclassifying Your Employees
By now, most employers are aware that the United States’ Department of Labor’s (DOL) new federal overtime rule, which would have doubled the Fair Labor Standards Act’s (FLSA) salary threshold for exemption from overtime…
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