New Year, New Rules: Status of COVID-19 Leave Laws for New York Employers in 2021

The Families First Coronavirus Response Act (FFCRA) partially sunset as of December 31, 2020. Employers are no longer required to provide FFCRA leave to employees. For New York employers, though, their responsibilities under Senate Bill 8091, which guarantees certain leave, benefits and job protections to employees affected by COVID-19, remain in full force.

To read the full text of this Duane Morris Alert, please visit the firm website.

The State That Never Sleeps, Especially During a Pandemic: New York COVID-19 and Other Updates

In the midst of a second and serious wave of the COVID-19 pandemic, New York has been busy updating guidance, restrictions and other laws. While seemingly unrelated, each is a direct result of what we are experiencing in this new normal environment. They include travel advisories, New York Forward Phase IV regulations and amendments to the WARN Act.

To read the full text of this Duane Morris Alert, please visit the firm website.

New York Governor Issues One More (and One Final?) COVID-Related Executive Order Tolling Statutes of Limitations

On October 4, 2020, New York Governor Andrew M. Cuomo issued Executive Order 202.67, which further tolled New York statutes of limitations until November 3, 2020, and extends a toll first instituted by Executive Order 202.8 on March 20, 2020. Executive Order 202.67 is the latest order extending the initial toll of New York’s statutes of limitations that Governor Cuomo ordered at the onset of the COVID-19 pandemic.

To read the full text of this Duane Morris Alert, please visit the firm website.

Court Rules Telephonic Annual Meeting Appropriate During COVID-19 Pandemic Under New York Not-for-Profit Corporation Law

The New York Supreme Court recently ruled that under the COVID-19 emergency amendments to the New York Not-for-Profit Corporation Law (N-PCL), a homeowners’ association board of directors’ decision to not hold an in-person annual meeting, but instead use measures including a telephonic meeting, mail-in voting for the election of new directors and pre-meeting submission of proposed business, complied with HOA bylaws and the N-PCL.

To read the full text of this Duane Morris Alert, please visit the firm website.

COVID-19 Telework May Trim Fund Managers’ NYC Biz Taxes

With COVID-19 continuing to spread through much of the U.S., working from home has become the preferred, if not required, form of work for many employers and their employees. Entering the pandemic’s sixth month, this new work-life arrangement shows no signs of stopping anytime soon.

Working from home may trigger a host of unforeseen state tax consequences for employers and employees alike,[1] particularly in the Northeastern U.S. where people frequently cross state lines to travel between their office and home.

One industry in particular has seen, and may continue to see, a substantial state tax benefit from remote working arrangements: hedge fund and private equity fund managers with offices located in New York City.

To read the full text of this article by Duane Morris attorneys Scott Gluck and Maximilian Viski-Hanka, originally published in Law360, please visit the firm website.

Significant Changes to COVID-19 Leave Provisions After Court Vacates Some DOL Regulations Interpreting Paid Leave Under the FFCRA

Judge J. Paul Oetken of the Southern District of New York found the United States Department of Labor exceeded its authority when it limited eligibility to leave under the Families First Coronavirus Response Act. The decision affects employers in New York (unless the court issues a stay pending appeal) and vacates the definition of “health care provider” and provisions regarding leave eligibility if an employer does not have work for the employee, intermittent leave approval of the employer and providing leave documentation prior to taking FFCRA leave.

To read the full text of this Duane Morris Alert, please visit the firm website.


Travel Restrictions Are Back, but with State-by-State Twists

At the beginning of the COVID-19 pandemic, U.S. employers were asking employees to report if they had visited certain countries and, if the answer was yes, the employees were subject to at least a 14‑day quarantine. As the pandemic resurges after the U.S. effectively has gone green, travel-related quarantines are now back after visiting certain states within the U.S.

To read the full text of this Duane Morris Alert, please visit the firm website.

COVID-19, Business Interruption Insurance and Direct Physical Damage under New York Law

To date, approximately 150 business-interruption insurance coverage lawsuits have been filed in federal courts arising from COVID-19 and related government-ordered restrictions. In what appears to be the first substantive ruling on the merits in these cases, the Southern District of New York recently ruled against an insured who could not meet its burden to show a likelihood of success in establishing “property damage” due to the novel coronavirus to support its claim for injunctive relief. Judge Caproni expressed sympathy “for every small business that is having difficulties during this period of time,” but concluded that “New York law is clear” in requiring actual property damage to trigger business interruption coverage. Because the insured’s coverage theory rested on a government shutdown in the absence of any property damage, the Court denied its preliminary injunction motion, reasoning “this is just not what’s covered under these insurance policies.”

To read the full text of this post by Duane Morris attorneys Damon Vocke and David T. McTaggart, please visit the Duane Morris Insurance Law Blog.