Scott Horton

Scott Horton has practiced labor and employment law in New York for over 20 years. He has represented approximately 500 employers, authored hundreds of articles and presentations, and wrote the book New York Management Law: The Practical Guide to Employment Law for Business Owners and Managers. Nothing on this blog constitutes legal advice. For legal advice specific to your situation, you should consult an attorney.
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Post-Accident Drug Testing OSHA

On October 11, 2018, the U.S. Occupational Safety and Health Administration (OSHA) issued a clarification of its position on post-accident drug testing. The new guidance addresses commentary that OSHA included with a May 2016 anti-retaliation rule. OSHA now asserts that the rule “does not prohibit . . . post-incident drug testing.” [Note that the Drug-Free Workplace … Read more

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New York Unemployment Benefits Severance Pay

Since a 2014 reform to New York State’s Unemployment Insurance System, employees are generally not eligible to receive both severance pay and unemployment insurance at the same time. However, there are exceptions and nuances to this rule. As a result, employers sometimes have options that can affect their former employees’ receipt of New York unemployment … Read more

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Mental Health Leave ADA

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with mental disabilities to enable them to perform the essential functions of their jobs. Leaves of absence often qualify as a reasonable accommodation. This includes allowing employees to use either accrued paid leave or unpaid mental health leave to … Read more