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Kevin McKernan Kevin McKernan

DOL's Paid Program

The U.S. Department of Labor has revived the PAID (Payroll Audit Independent Determination) program, allowing employers to voluntarily self-audit wage, overtime, and leave compliance issues. By identifying and correcting Fair Labor Standards Act and FMLA violations, employers may resolve problems proactively, pay back wages, and reduce the risk of costly litigation and enforcement actions.

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Kevin McKernan Kevin McKernan

Are Employers Liable in Tort for Employees' Sexual Assaults?

Employers may face growing tort liability for employee sexual assaults under the American Law Institute’s new Special Rule on Vicarious Liability. Learn when liability may arise, what “particularly vulnerable” means, which industries face increased exposure, and proactive steps employers can take to reduce risk through screening, oversight, and workplace safety measures.

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Kevin McKernan Kevin McKernan

AI in HR Systems Raises New Privacy and Compliance Risks for Employers

AI in HR systems is raising new privacy and compliance risks for employers. Learn why AI in HR is a data governance issue, the importance of human oversight, vendor risk management, and clear documentation. Organizations must align legal, HR, IT, and privacy teams to ensure responsible AI use and protect employee and candidate data.

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Kevin McKernan Kevin McKernan

HR and AI Deepfakes in the Workplace

AI deepfakes are creating new challenges for HR professionals in workplace investigations, compliance reviews, and employee disputes. Learn how organizations can update policies, train staff to detect manipulated content, preserve digital evidence, and respond to rising AI-related threats. Proactive HR and IT strategies help reduce risk and protect businesses from deepfake misuse.

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Kevin McKernan Kevin McKernan

Employment Tip of the Month – April 2026

April 2026 Employment Tip: New York employers are largely prohibited from using credit checks in hiring and employment decisions. Learn key exceptions, compliance requirements, and recordkeeping obligations. Employers must update policies, avoid credit inquiries, and ensure any use falls within narrow exemptions to prevent discrimination claims and legal exposure under evolving state law.

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Kevin McKernan Kevin McKernan

Paid Prenatal Leave for Employees

New York’s Paid Prenatal Leave law requires employers to provide 20 hours of paid leave for prenatal care, separate from regular sick leave. Effective January 1, 2025, with NYC requiring a written policy as of July 2, 2025, all employers—including small businesses—must update policies to ensure compliance and avoid potential penalties.

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Kevin McKernan Kevin McKernan

Being Commission-Based Doesn't Make a Worker an Independent Contractor

Being paid on commission does not automatically make a worker an independent contractor. Courts look at the full relationship, including long-term treatment as an employee, supervision, and access to benefits like health insurance and 401(k). Misclassification risks remain high if the facts support employee status despite flexible work arrangements.

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Kevin McKernan Kevin McKernan

Employers: Beware of Employment Agreement Integration Clauses and Their Impact on Prior Employee Agreements 

Integration clauses in employment agreements can unintentionally override prior employee agreements. Employers should carefully review applications, handbook acknowledgments, and earlier written commitments when drafting new contracts to ensure critical provisions are preserved. Failing to incorporate prior terms may eliminate protections and create legal exposure in future employment disputes or litigation.

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Kevin McKernan Kevin McKernan

Severance Packages: Best Practices for Calculating and Communicating Them

Severance packages require careful planning to balance legal risk, employee relations, and business judgment. Learn best practices for determining when severance is appropriate, calculating defensible amounts, and communicating offers clearly. Thoughtful severance policies help employers manage risk, avoid unintended precedent, and navigate employee separations with professionalism and stability.

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Kevin McKernan Kevin McKernan

New York Employment Law Update: 2026 Brings a Wave of New State and Local Laws for New York Employers

New York Employment Law Update 2026: Employers face minimum wage increases, higher exempt salary thresholds, expanded uniform allowances, new anti-retaliation protections, a statewide credit check ban, Trapped at Work Act changes, expanded NYC paid and unpaid safe and sick time, and new pay transparency reporting requirements. Review policies now to ensure compliance.

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Kevin McKernan Kevin McKernan

Employment Tip of the Month - March 2026

March 2026 Employment Tip: Proposed amendments to New York’s Trapped at Work Act may expand employer exposure. Learn about potential delays to the effective date, revised definitions, compensation and tuition repayment exceptions, and enforcement risks. New York employers should review bonus and repayment agreements and monitor legislative updates closely.

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Kevin McKernan Kevin McKernan

Preparing for the New Year: A Guide for New York Employers as we Enter 2026

Prepare your New York business for 2026 with this employer compliance guide. Learn about minimum wage and salary threshold increases, new leave requirements, discrimination rules, Secure Choice savings, training reimbursement bans, and enforcement changes. We also review key 2025 laws now in effect and emerging proposals on non-competes, pay equity reporting, and future wage hikes.

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