Lance's Corner

NYSDOL Issues August 2024 Newsletter

Aug 29, 2024

The New York State Department of Labor (NYSDOL) has issued its August 2024 newsletter, which can be read below.

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August 2024

Take the Youth Worker Pledge Today!

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Take the pledge today!  The Youth Worker Pledge is an initiative designed to safeguard the rights and well-being of young workers across New York State.  Join the growing network of businesses dedicated to creating a safe work environment for our youth workers.

What is the Youth Worker Pledge?
The pledge is your promise to protect young workers.  By signing, you affirm your commitment to:

  • Educate your employees on labor rights and the signs of labor trafficking
  • Avoid employing minors in prohibited occupations and prevent exploitation
  • Prioritize the safety and well-being of minors as employees and community members
  • Report any suspected violations to the Child Labor Task Force

As a business taking part in this pledge, you enhance your reputation as a socially responsible business.  Every business that signs the pledge will receive a window decal to display at the front of their store so that everyone can see your commitment to youth workers.  WE encourage everyone to join this important initiative.  Sign the pledge and make a promise to our youth workers to ensure their safety, rights, and opportunities in the workforce.  To learn more, please visit our Youth Worker Pledge webpage, watch our informational video (in English or Spanish), or you take the pledge today.

Businesses: Register with the NYSDOL Virtual Career Center

With your business registered to the Virtual Career Center (VCC), you can post positions to the state’s public exchange, gain access to candidate visibility and AI matching to pull leads,  and use tools like the candidate pipeline.  The VCC allows NYS businesses to seamlessly source, contact, and advance candidates with a broad range of use cases, all while adhering to state labor and compliance law.  To get a step-by-step guide on how to use this free tool, check out our VCC for business user guide here: https://dol.ny.gov/system/files/documents/2023/07/vcc-for-business-user-guide-final-07-14-2023.pdf

Reminder: The Youth Worker Bill of Rights

asdf aWith school just around the corner, we wanted to remind you about the Youth Workers Bill of Rights.  The Youth Workers Bill of Rights provides crucial information on minimum wage, discrimination free workplaces, and other essential worker protections.  Businesses across New York are encouraged to familiarize themselves with the Youth Workers Bill of Rights, which will be distributed alongside working papers and made available in various formats.  The DOL’s new Youth Worker Information Hub is an educational resource offering detailed information on working hours, minimum wage compliance, and prohibited occupations for those under 18.  This is part of Governor Hochul’s ongoing fight against rising child labor violations.  By adhering to the guidelines set forth in the Youth Workers Bill of Rights, businesses can contribute to creating a safer, more inclusive work environment for young employees.  Be sure you are familiar with these standards as the school year approaches.  Visit the Youth Worker Information Hub for additional information and resources.


Extreme Heat Guidance Reminder

Worker on a Hot DayAccording to the National Weather Service, when the heat index is 80 degress or higher, the risk of occupational heat-related illness and injury increases significantly.  With the recent wave of record-setting heat, the DOL strongly encourages businesses to follow these extreme heat safety tips:

  • Allow for rest regularly in shaded areas.  
  • Encourage workers to drink water frequently, even if they are not thirsty.  The Centers for Disease Control and Prevention recommend that employers provide each outdoor worker with 32 ounces of cool, potable drinking water per hour.
  • When the heat index equals or exceeds 80 degrees Fahrenheit, establish shaded areas near work sites for rest and meal periods.
  • When the heat index reaches 90 degrees Fahrenheit or greater, implement standardized rest breaks to keep workers safe.
  • Encourage workers to protect themselves from the sun and heat by wearing light clothing, wide-brimmed hats, and sunscreen.

It is also crucial for both workers and employers to recognize the signs of common heat-related illnesses.  New and returning workers should be aware that they need to build a tolerance to heat, as those who are not acclimated to working in hot conditions are the most vulnerable.  Our top priority is to keep all workers safe and protected.  Please follow these tips to ensure that you stay safe when working in extreme heat.  For more extreme heat guidance, visit the NYSDOH's website.


Reminder: Changes to Breast Milk Expression in the Workplace Law

addThis is a reminder that all employees are entitled to paid break time to express breast milk in the workplace regardless of the size of their employer or the industry they work in.  Employers are required to tell employees about their rights regarding breast milk expression by providing them the NYSDOL Policy on the Rights of Employes to Express Breast Milk in the Workplace when they start a new job and annually thereafter.  Providing working parents with paid break time to express breast milk reduces absenteeism, improves morale and productivity, and helps with employee retention.  Paid break time creates a positive work culture and benefits both the employees and employers.  For more information, please visit our Breastmilk Expression in the Workplace website.


NYSDOL Business Services Can Help You Fill Positions

Youth Worker Looking at Working PapersThe NYSDOL has a variety of no-cost programs and services to help your business, no matter your need.  We can help you recruit your workforce, tell you about tax credits and other opportunities to help you save money, and provide free consultation services to help you comply with state laws.  We partner with the Business Council, Empire State Development, and Regional Economic Development Councils to gather real-time data on current workforce trends as well as what the needs are of businesses in your area.  These surveys are available on our Business Services webpage, so you can see the most up-to-date data on workforce trends and what job seekers are experiencing in the job market.  Our Business Services team can assist you in whatever way you need, and at no cost to you.  What are you waiting for?  Visit https://dol.ny.gov/services-businesses for more information on how we can help your business succeed.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc