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Guidance from the NY DOL on COVID-19 Sick Leave Places New Obligations on Employers

The New York State Department of Labor (the NYDOL) recently released new guidance (the Guidance) on the use of leave and benefits authorized by New York’s COVID-19 Sick Leave Law (the Law).

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A WARNing to Employers: Additional Notice Requirements Under the NY WARN Act

On November 11, 2020, Governor Cuomo signed into law an amendment to the New York Worker Adjustment and Retraining Act (“NY WARN”), which significantly expands notification requirements for covered employers facing mass layoffs, plant closings, relocations, or other triggering employment losses.

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It’s (Almost) Time to Post Voting Leave Notices

In case you haven’t heard… it’s election season! New York’s amended voting leave law (see our blog post for more on the April 2020 amendments) now requires employers to provide employees with up to two hours of paid leave at the beginning or end of their shift as necessary to enable them to vote.

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Employers Take Note: 11th Circuit Broadly Interprets “Loss” under CFAA

On January 25, 2017, in Brown Jordan Int’l, Inc. v. Carmicle (No. 16-11350), the U.S. Court of Appeals for the Eleventh Circuit held that expenses incurred by an employer while responding to the unauthorized access of company email accounts by a former employee, even absent an interruption of service, qualify as a “loss” under the federal Computer Fraud and Abuse Act (CFAA).  In doing so, the Eleventh Circuit broadly interpreted the CFAA, which permits civil actions only under specific circumstances, including instances when an individual “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains … information from any protected computer” resulting in a “loss” during any 1-year period of at least $5,000.

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This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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