With the January 1, 2018 effective date for the New York Paid Family Leave Law fast approaching, the New York State Workers’ Compensation Board (“WCB”) has issued model paid family leave (“PFL”) request and certification forms, as well as a model waiver form. The forms are available on the WCB’s New York Paid Family Leave website.As we have previously reported, the New York Paid Family Leave Law provides a phased-in system of paid, job protected leave for eligible employees: (i) to care for a new child following birth, adoption, or placement in the home; (ii) to care for a family member with a serious health condition; or (iii) for qualifying exigencies related to military duty. To receive PFL benefits for any of these covered leave purposes, eligible employees will be required to complete and submit a general Request for Paid Family Leave Form (Form PFL-1).On the Form PFL-1, employees will be required to provide certain … [Read more...] about Model Leave Request, Certification and Waiver Forms Issued for the New York Paid Family Leave Law
On July 19, 2017, the New York State Workers’ Compensation Board (“WCB” or the “Board”) issued its final regulations (“Final Regulations”) for the New York State Paid Family Leave Benefits Law (“PFLBL” or the “Law”). The WCB first published regulations to the PFLBL in February 2017, and then updated those regulations in May (collectively, the “Prior Regulations”).While the Final Regulations did clarify some outstanding questions, many questions remain, particularly pertaining to the practical logistics of implementing the Law, such as the tax treatment of deductions and benefits, paystub requirements, certain differences between requirements that pertain to self-funding employers and those employers intending to obtain an insurance policy, and what forms and procedures will apply.As we previously reported, when the PFLBL becomes effective on January 1, 2018, most employees working in New York … [Read more...] about New York Paid Family Leave Regulations Finalized: How Do They Compare to Prior Versions?
“Many people look forward to the new year for a new start on old habits.” While the author to this famous New Year’s quote remains unknown, that certainly doesn’t make it any less true, including for employers. We hope that, this year, you will buck this trend and actually start doing things a little differently – take a fresh look at that handbook, revisit that non-compete agreement you give to employees that, admittedly, you just cut and pasted off the internet years’ ago, perform that overtime exemption analysis you’ve been putting off forever . . . . It’s never too late to get your affairs in order, and the New Year provides you with the perfect opportunity to do so. And for those of you with employees here in New York, and especially in New York City, we implore you do so as the laws, as you’ll see below, are once again a changin.Below we look back at the year that was and discuss the year that will be in New York. … [Read more...] about New York Employers – 2013 Year in Review and Looking Ahead to 2014
TQP Development, LLC v. Intuit Inc.Addressing an argument that a data-encryption patent was directed to non-eligible subject matter because it covered an abstract idea divorced from a particular machine, Judge William Bryson, sitting by designation in the U.S. District Court for the Eastern District of Texas, denied defendants’ summary judgment motion on § 101, finding that the plaintiff’s “device agnostic” data-encryption patent was directed toward patentable subject matter despite failing to recite a particular machine, such as a computer, and despite the fact that the patent “merely” transformed data from one form to another—which often is not considered a “transformation” under the machine-or-transformation test. TQP Development, LLC v. Intuit Inc., No. 2:12-cv-180-WCB (E.D. Tex. Feb. 19, 2014) (Bryson, J.).Without specific reference to a machine, the patent-in-suit described a method for transmitting encrypted … [Read more...] about Data-Encryption Is Patent Eligible Despite Not Being Tied to a Particular Machine
The New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, and will require virtually all private employers in New York to provide paid family leave benefits to eligible employees. (Public employers are not required to participate, but may opt in to the program.) On February 22, 2017, the New York State Workers’ Compensation Board (WCB) published proposed regulations that explain and clarify many aspects of the PFL, including, among other things, employers’ rights and responsibilities in providing paid family leave, employee eligibility for such leave, and the phase-in schedule of the PFL program. At the same time, the state introduced a new informational website to provide guidance regarding the PFL to employers, employees, and medical providers, and launched a hotline at the following phone number: (844) 337-6303. Below is a summary of the key components of the proposed regulations along with some highlights from the state PFL … [Read more...] about New York Proposes Regulations on State Paid Family Leave Law