Home Care – Paying Minimum Wage and Overtime to Home Care Workers: A Guide for Consumers and their Families to the FLSA – U.S. Department of Labor — Wage and Hour Division (WHD)

This guide is meant to help individuals, families, and households who use home care services determine their responsibilities under the Fair Labor Standards Act (FLSA), the federal minimum wage and overtime law that applies to most home care workers.

The guide explains who must follow the FLSA rules, with examples of situations involving hiring a home care worker directly, using a home care agency, and arranging care through a self-directed program. It discusses paid providers who are family members of the consumer and who are live-in workers.

The guide also explains how to follow the FLSA rules, that is, what it means to pay minimum wage and overtime, track hours worked, and keep proper records.

Download the Guide in PDF here.

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Know Your Rights: A Guide to Fighting Discrimination Against Transgender & Gender Non-Conforming New Yorkers Under the New York State Human Rights Law

Empire Justice Center:

Know Your Rights: A Guide to Fighting Discrimination Against Transgender & Gender Non-Conforming New Yorkers Under the New York State Human Rights Law

Transgender and gender-nonconforming people have historically experienced discrimination, harassment and violence at far higher rates than other people because of their gender identities and gender expression.  After decades of advocacy, the legal landscape is finally starting to recognize transgender and gender-nonconforming people as a class that deserves protection under the law.


The Know Your Rights guide
explains how the New York State Human Rights Law (HRL), specifically, protects transgender and gender-nonconforming people.  It describes what unlawful discrimination looks like, and what you can do if it happens to you.  This guide also contains some information about your legal rights under other state and federal laws, and gives you contact information for legal advocates and attorneys across New York State that may be able to advise you about your rights.

CLICK HERE to view the Guide.

CLICK HERE to view the one page flyer.

Superintendent Determination of Graduation with a Local Diploma – NYSED Special Education Field Advisory

June 2016 

SPECIAL EDUCATION FIELD ADVISORY

From: Patricia J. Geary 

Subject: Superintendent Determination of Graduation with a Local Diploma

At the June 2016 meeting, the New York State Board of Regents approved through emergency action an amendment to section 100.5 of the Regulations of the Commissioner of Education to require superintendents to make a local determination as to the academic proficiency for eligible students with disabilities to graduate with a local diploma. 

Guidance on Procedures Relating to Special Education Impartial Hearings–Special Education Field Advisory

June 2016 

SPECIAL EDUCATION FIELD ADVISORY

From: Patricia J. Geary

Subject: Guidance on Procedures Relating to Special Education Impartial Hearings

PDF Version of Memo  

The purpose of this memorandum is to provide clarification regarding some of the procedural requirements relating to special education due process hearings pursuant to section 200.5 of the Regulations of the Commissioner. 

Guidance on Complying with Education Law Article 129-B from New York State Education Dept.

Complying with Education Law Article 129-B New York State Education

I- Introduction:

This guidance document is joint guidance of the State Education Department and the New York State Office of Campus Safety. It is intended to assist colleges and universities in complying with Education Law Article129-B, as added by Chapter 76 of the Laws of 2015, relating to the establishment of sexual assault, dating violence, domestic violence and stalking prevention and response policies and procedures. Article 129-B includes §§ 6439-6449 of the Education Law.

II- History of the Legislation:

Governor Andrew Cuomo introduced comprehensive sexual assault prevention legislation as part of the 2015 Executive Budget. Final legislation was passed unanimously in the Senate (S.5965, sponsored by Senator LaValle) and 138-4 in the Assembly (A.8244, sponsored by Assemblymember Glick) on June 17, 2015. On July 7, 2015, Governor Cuomo signed the bill into law as Chapter 76 of the Laws of 2015.

Article 129-B (except for the provisions regarding Climate Surveys [Education Law §6445] and Reporting Aggregate Data to the Department [Education Law §6449]) became effective October 5, 2015. The Climate Survey and Aggregate Data sections take effect in July 2016 with the provisions applying for the 2016-2017 academic year.

III- Rulemaking:

The State Education Department (SED) is required by Education Law §6449(4) to adopt regulations by October 5, 2016 relating to the reporting of aggregate data, in consultation with representatives of SUNY, CUNY, and the private and independent colleges.

IV- Compliance:

Each institution is required by Education Law §6440(1) to adopt written rules implementing this article by amending its code of conduct or other comparable policies. A copy of these rules and policies must be filed with SED on or before July 1, 2016. Updated policies must be filed at least every 10 years, except that the second filing shall coincide with the required filing of a certificate of compliance under Article 129-A of the Education Law, and continue on the same cycle thereafter. 

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Read or download entire Guidance in pdf.

Office of Civil Rights Releases “Dear Colleague” Letter on Transgender Students | Higher Education Report–BS&K

On May 13, 2016, the U.S. Department of Education’s Office of Civil Rights (OCR) released a Dear Colleague Letter (DCL) addressing a school’s Title IX obligations regarding transgender students, and explaining how the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ) will evaluate a school’s compliance with those obligations.  This DCL comes on the heels of a recent Fourth Circuit Court of Appeals decision discussing whether Title IX requires schools to allow transgender students to have access to restrooms consistent with their gender identities.

Read entire BS&K “Higher Education Report” analysis and commentary here.

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General Order 26 | Northern District of New York | United States District Court

Attention Northern District of New York Federal Bar:   

General Order #26  has been amended effective May 23, 2016.

In the Matter of Courthouse Security and Limitations on the use of Electronic Devices within United States Courthouses in the Northern District of New York 

The main change to the General Order is below. The intent is to help expedite the screening of members of the bar. While it does not exempt attorneys from the security screening at the front entrance to the courthouse, attorneys who are entering the building for a court proceeding who present their NYS Unified Court System ID to the Court Security Officer will no longer need to surrender their electronic devices at the security station. 

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Screening and Search. All persons entering a federal courthouse in this district and all items carried by them are subject to appropriate screening and search by a United States Marshal, Court Security Officer, or any law enforcement officer. Persons may be requested to provide identification and to state the nature of their business in the courthouse. Anyone refusing to cooperate with these security measures may be denied entrance to the courthouse. Members of the Northern District Bar that present a valid New York State Court System Identification appearing for a proceeding before the Court will be allowed to retain their cell phones and computers following screening.

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This General Order is posted on our web-site at: 

http://www.nynd.uscourts.gov/content/general-order-26 

Thank you,

Lawrence K. Baerman, Clerk of Court

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