Lance's Corner

NYSDOL Issues September 2024 Newsletter

Sep 26, 2024

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

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September 2024

New Resource Page Launched to Support Older Workers

dfdfOlder workers now have a new resource available to help them overcome barriers to employment.  The New York State Department of Labor (NYSDOL) and New York State Office for the Aging (NYSOFA) have launched a new resource page that aligns with Governor Kathy Hochul’s State Master Plan for Aging and ensures that our older workers have the tools they need to stay active, engaged, and working.

This resource includes tools to help direct older workers to careers tailored to their skills and experience, training and upskilling opportunities, information about working while retired, and more.  There are also resources to help older workers identify ageism in the workplace as well as tips for avoiding scams when applying for jobs.

The Older Workers resource page is another example of how New York State has continued to build a more inclusive and supportive workforce.  This initiative highlights the critical role that older adults play in today's labor market.  Older workers are the skilled, reliable workers that employers have been looking for to fill critical positions in an evolving economic landscape.  This frequently untapped resource could be the key to many hiring issues businesses face today. 

For more information about the new offerings available to older workers, visit the resource page today.

NYSIF Publishes Information for Employers about Long Covid

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The New York State Insurance Fund (NYSIF) has released an educational pamphlet to assist employers in understanding Long Covid.  Long Covid is a multifaceted syndrome that causes new, returning, or ongoing symptoms in people for weeks, months, or years after their initial Covid-19 infection, causing potentially significant limitations on a person’s day-to-day activities.

This new publication will help businesses understand the risks posed by Long Covid to the workforce, how to mitigate those risks, and how to support those affected.  The report outlines the most commonly reported symptoms of Long Covid, the number of people affected, and the consequences for the labor force and the economy.

All employers are encouraged to communicate to employees that anyone with Covid-19 may go on to experience Long Covid, and that taking measures to protect themselves against Covid-19 can help avoid the potentially life-altering effects of Long Covid.

Also of note for employers, this pamphlet includes ideas for supporting workers who have or care for someone with Long Covid and explains the importance of filing a workers’ compensation claim when a worker contracts Covid-19 on the job.

Please read the educational pamphlet to learn more about the effects of  Long Covid and what that can mean for your business.

2024 Business Survey Results Have Been Released

dThe results are in!  The New York State Business Survey for 2024 has been released.  More than 10,000 businesses from across the state responded to our survey.  Some key takeaways from the survey include:

  • Professional skills remain in high demand
  • Finding and retaining workers is becoming a bit less difficult
  • Businesses are seeing operational impacts from missing behaviors

Among the top challenges businesses are currently facing, “Quality of Available Workforce” and “Attracting New Workers” were still ranked at the top, but with the number of respondents citing these issues down from the previous year.  Attendance and work ethic were the most frequently cited instances of workforce behavior impacting business operations.  

To see the full results of the survey, please visit our website.

Thank you to everyone who responded.  Your input has been vital in helping us to identify the trends in today’s labor market and gives us a better picture of how to develop strategies to best tackle these issues and help your businesses thrive in the years to come.

Freelance Isn’t Free Act Is Live

asdfasdfasdThe Freelance Isn’t Free Act has gone into effect throughout New York State.  The new law requires written contracts between freelance workers and hiring parties and creates broad protections for freelancers.  This Law aims to ensure that freelance workers receive timely compensation for all services performed.

Freelance workers are defined as any person or organization composed of no more than one person hired as an independent contractor to provide services valued at least $800.  If a freelance worker is retained by the same hiring party for multiple, smaller jobs, the employer must add the value of each contract to determine whether the Act’s requirements apply to them.

A written agreement must, at minimum, contain:

  • The name and mailing address of both parties;
  • An itemization of all services to be provided by the freelance worker, as well as the value of the services and the rate and method of compensation;
  • Date of payment or the mechanism by which the payment date will be determined;
  • Date the freelance worker must submit a list of services rendered so the hiring party can meet any internal processing deadlines for the purposes of compensation being rendered by the agreed-upon date.

For employers who do not wish to create their own contracts, the NYSDOL will be providing model contracts on our website.  If you are a freelance worker and believe your rights under the law have been violated, you can file a complaint with the New York State Attorney General.

ICYMI: 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 employer that signs the pledge will receive a window decal to display at the front of their business 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.

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