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Vaccine Mandates: An Update for Employers

Doctor giving covid injectionOn August 22, 2021, the Federal Drug Administration (“FDA”) announced that it has approved the Pfizer COVID vaccine to be given to adults. This is the first vaccine to receive the FDA’s full endorsement. Prior to this approval, the FDA gave emergency approval (EUA) due to the urgency of the situation and as stated: The “FDA may authorize unapproved medical products or unapproved uses of approved medical products to be used in an emergency“.
Now since there is official confirmation that the vaccine can be used, meaning that it is totally legal, employers can feel confident when formulating a COVID vaccine policy for employees without any serious retribution. The EEOC, CDC, and State agencies have previously approved the vaccine, but now that the FDA has approved it, its use is indisputable.

The Occupational Safety and Health Administration (OSHA) has recently issued guidelines from the most recent CDC updates for all places of business. With that said, there are a few contingencies that employers should be aware of.

Employers should establish mandatory testing on a frequent basis. Some businesses are instituting a weekly PCR test for non-vaccinated employees and they are advising individuals who fail to comply with these rules that they will be subject to unpaid leave until the results are provided. Additionally, the EEOC and CDC recommend that all employees wear masks in common or public areas and/or at any location on the company premises where there is a high COVID rate. Social distancing and PPP protocols are also recommended as part of the policy.
These federal agencies also recommend that employers expedite the process of getting their employees vaccinated by offering them paid time off if they require it. They also suggest that employees should get paid sick leave if they feel any side effects from the vaccine. For New Yorkers, this has already been policy.
For those who work in the medical field, there are additional, more specific requirements. One, in particular, is the mandatory policy that all healthcare workers be vaccinated.
Additional information can be obtained by contacting any of the attorneys below.
Sharon P. Stiller, Esq.
160 Linden Oaks, Suite E
Rochester, New York 14625
585.218.9999
Rachel Demarest Gold, Esq.
3 Dakota Drive, Suite 300
Lake Success, New York 11042
516.328.2300
Justin T. Kelton, Esq.
1 MetroTech Center, Suite 1701
Brooklyn, New York 11201
718.215.5300
Maureen T. Bass Esq.
160 Linden Oaks, Suite E
Rochester, New York 14625
585.218.9999
Joanna M. Topping, Esq.
81 Main Street, Suite 306
White Plains, New York 10601
914.607.7010
This email may contain attorney advertising. The material included is intended to be informational and the content should not be interpreted as legal advice.
Abrams, Fensterman,  LLP

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NEW YORK HERO ACT – MODEL PLANS RELEASED

Photo of a set of paper documents
Photo by Enrico Mantegazza on

This month, the New York State Department of Labor (DOL) added to its Hero Act the Model Airborne Infectious Disease Exposure Prevention Plan (Model Plan). This plan provides the required steps that all NYS employers must follow by August 17, 2021.

Model Plan Purpose

The purpose of this act is to help decrease and protect employees from acquiring the covid-19 virus, as well as any other airborne infectious diseases that might materialize in the future.

Who is Affected?

This act applies to all employers who have locations in New York State where employees are present. It requires employers to follow this plan within thirty days of the publication release. The due date for adhering to the act is August 17, 2021, since the act was published on July 6, 2021.

Who is Covered?

The responsibilities lie with the employer who is responsible for maintaining control during an outbreak, appropriate infection response, and necessary.

How Should Employers Manage the Model Plan?

Employers have the option to follow the Model Plan or create their own plan so long as they follow the guidelines of the Airborne Infectious Disease Exposure Prevention Standard.

How Can I Obtain More Information?

Complete information about The Model Plan can be found on the provided PDF at the New York State Department of Health (DOL) website. 

In addition to the State requirements, the United States Department of Labor requires all healthcare employers to follow COVID-19 Emergency Temporary Standard issued by OSHA published on June 10, 2021.

As with the NYS Hero Act, the ETS requires all healthcare workers to create a designated infectious disease plan. If the company or organization has over 10 employees, the plan must be delivered in writing.  Employers can follow the template provided by OSHA regarding covid-19 protection for employees.

Please contact Sharon Stiller, Esq., Maureen Bass, Esq., or Rachel Gold, Esq. with any questions or comments.

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NYC Hotel Tax Reassement New Rulling

In a November 2019 trial, Judge Joseph Risi refused New York City’s appraised values for the Marriott Hotel at LaGuardia Airport. The judge instead used market and assessed values from the hotel taxpayer’s report, since the NYC valuations were done prior to the covid pandemic and show overvalues for hotel properties in the city. This ruling resulted in an 85% tax reduction levied against the hotel.

As per Joel Marcus of Marcus & Pollack LLP,   who represented Queens Marriott Courtyard: “Every hotel owner should be cheered by this important decision, which stands for the proposition that you can get a redress and justice through the court system on a property tax challenge,” Jeffrey Lebowitz of Abrams Fensterman was co-counsel.

Noting that this is a new precedent for hotel tax rulings in New York, the firm Marcus & Pollack are looking to additional hotel cases in the future.

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Patrick Formato, Esq.

Patrick Formato Esq.Patrick Formato is an executive partner at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP.

Mr. Formato represents a variety of health care providers, including nursing facilities and treatment centers, home health care agencies, adult homes, and physicians. He has a vast array of skills and expertise in the implementation of corporate compliance programs.

He is acknowledged by his clients as a knowledgeable and talented health care attorney and has been asked by health care organizations to present programs on topics such as fraud and abuse, corporate compliance and provider contracting.

Mr. Formato received a J.D., cum laude, from Albany Law School and a B.A., cum laude, from the State University of New York at Albany. He is active in both legal and professional associations and is a member of the American Health Lawyers Association, the New York State Bar Association’s Health Law Section, and the Nassau County Bar Association’s Hospital and Health Law Committee.

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Howard Fensterman Defends East Neck Nursing Home in Male Stripper Case

Howard Fensterman is defending the East Neck Nursing Center in West Babylon, NY, in a lawsuit brought against the center by a resident relating to a male exotic dancing performance. The son of one of the facility’s residents is suing the nursing home after he looked in his mother’s dresser drawer and found a photograph of his 85-year-old mother, Bernice Youngblood, putting money into the dancer’s pants.

News from the Press
Inside Edition   WCBS   News 12    
The male exotic dancer was hired after the activities committee, made up of 16 residents of the center, unanimously voted to have the performance. The lawsuit claims the staff arranged the event for their own amusement, but that is not the case, according to East Neck and Mr. Fensterman. The residents voted to utilize part of their entertainment budget for the performance and the nursing home paid the $250 fee to have the dancer perform.

The event, which took place September 2012, was optional, and none of the resident patients were required to attend. According to the nursing home and Mr. Fensterman, it was Mrs. Youngblood’s son’s live-in girlfriend who brought the 85-year-old from her room to attend the event. The patient’s son claimed his mother was forced to tip the dancer using her own money, which should have been locked away. However, it is clear from the photograph being circulated that Mrs. Youngblood’s son’s live-in girlfriend was sitting next to Mrs. Youngblood during the performance.

According to the lawsuit, the family is seeking $10 million in punitive damages and an unspecified amount for the patient’s emotional distress. At a recent press conference, though, Mrs. Youngblood, who currently suffers from partial dementia, admitted she did not remember the details of the event.

No other complaints have been made by residents of the nursing home.
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Abrams Fensterman Family Welcomes Brooklyn Team

Brooklyn’s most regarded lawyers Mark Caruso and Rose Ann Branda announced last month that they’ve joined the law firm Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP. 

Caruso and Branda, of Caruso, Caruso & Branda P.C. have provided legal services in Brooklyn as well as Staten Island and Manhattan since 1952 specializing in business, estates, matrimonial, and real estate law. The firm is well known for their hard-working and enthusiastic commitment to institutions serving Brooklyn’s legal community. Caruso and Branda are also recognized for having an important role in civic initiative. 

Mark J. Caruso graduated from Hofstra University of Law and became a part of the law firm in 1978. He became quite successful in the courtroom. Caruso’s successful reputation is owed to his insight and closely evaluated cases. His achievements have been reported in the New York Law Journal pertaining to his involvement in real estate litigation, corporation & partnership formation, transactional real estate law, surrogate’s court litigation, wills, estates & administrations, 1031 exchanges and business transactions. Caruso is also the chair of the Brooklyn Bar Association Real Property Section and holds real estate law lectures to many Bar groups. He is also a board member of the Columbian Lawyers Association and Hofstra School of Law where he also serves as an officer. 

Rose Ann C. Branda is an expert in the field on Family and Matrimonial law. Born in Brooklyn, she graduated from Brooklyn Law School. Brenda served as President of the Brooklyn Bar Association and the Bay Ridge Lawyers Associations. She is incredibly active in the Brooklyn legal community. Brenda serves as President of the Columbian Lawyers Association of Brooklyn and also chairs the Family Law Section of the Brooklyn Bar Association. She also became a member of the new Matrimonial Practice Advisory and rules Committee in 2014 and currently serves as a member of the Committee on Character and Fitness for the Second, Tenth, Eleventh and Thirteenth Judicial Districts.

The Abrams Fensterman family proudly welcomes both Mark Caruso and Rose Ann Branda into their firm. Howard Fensterman, the Managing Partner of Abrams Fensterman said in a statement, “Over the past five years, since the opening of our office at 1 Metrotech Center, we have developed a tremendous sense of affection for the people, businesses, and communities of Brooklyn. We have experienced an exciting team of professionals, will significantly add to our burgeoning reputation throughout the borough.”

 

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Joan Rivers

I was honored as “Man of the Year” by the Crohn’s & Colitis Foundation (CCFA) at the Long Island Chapter’s “Laugh ‘till It Stops Hurting” Spring Comedy Dinner,  and most of all, I was honored to meet and speak with Joan Rivers. A wonderful woman who made the night for all who attended.

Howard and Joan Rivers
Howard and Joan Rivers

My heartfelt condolences go out to her daughter and grandson.

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New York City Mayor Bill de Blasio and Howard Fensterman

Mayor De Blasio and Mr. Fensterman
2016 Fundraiser for Mayor Bill De Blasio

In October 2013, Mr. Fensterman hosted a fundraiser for NYC mayoral candidate Bill de Blasio at his Long Island residence, where over ninety Long Island community leaders gathered to show their support for the Democratic nominee. “Bill de Blasio is going to pursue a strategy that will result in a stronger New York City and, in so doing, will add to the vitality of Nassau and Suffolk Counties.” stated Mr. Fensterman.
Howard Fensterman with Bill Deblasio on East River
October 2014. Howard Fensterman speaks with NTC Mayor Bill de Blasio

He also pointed out “What was once considered a sleepy ‘bedroom’ community on the outskirts of Manhattan, Long Islanders now recognized for its dynamic, well-educated talent pool that is vital to New York City, and for its local businesses, large and small, that help make the Greater New York area one of the most vibrant economic engines in the country. Bill de Blasio understands the interrelationship between New York City and Long Island. His policies will benefit New York and Long Island residents.”

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Managing Partner Howard Fensterman

Howard Fensterman PortriatHoward Fensterman is the Managing Partner of the law firm of Abrams, Fensterman LLP.  A New York-based firm that has achieved an outstanding reputation for its leadership in both law and its role in community activities.

September 12, 2016, the firm’s Long Island office moved to 3 Dakota Drive, Suite 300, Lake Success, NY, 11042, but has offices in Brooklyn, Rochester, and Albany, and recently, they opened an office in White Planes. 

Businesswire.com stated: “Abrams Fensterman, a multi-faceted, full-service law firm, is thrilled to announce the grand opening of its sixth office location at 54 State Street in Albany, NY. Partners of the firm, Michael Bass and Richard Thomas will spearhead the growth and development of the office in the State’s capital region. Their focus will be on expanding the Health Law Practice Group and continuing to uphold Abrams Fensterman’s reputation as a premier legal service provider in New York State.”

Howard Fensterman was co-honoree at the 25th Annual We Care Fund Golf & Tennis Classic hosted by the Nassau County Bar Association. Additionally, the firm sponsors numerous community events. The latest one is a walk for the Alzheimer’s Association on October 1st and 22nd, 2023 in Long Island, New York.

In November of 2022, Mr. Fensterman has been named one of the 100 authoritative business people in Long Island. Also in November, Long Island, Newsday published an article by Mr. Fensterman on the subject of New York progressive narratives and the need to focus on more traditional values.

In March of 2021, Mr. Fensterman was named to the Long Island Power Business News Power 25 List.   A designation applied to the 25 most accomplished persons on Long Island. Indeed, it is Howard Fensterman’s accomplished litigation as a noteworthy attorney, but also his achievement as a successful businessman that has ultimately led to this prominence. 

Howard is also a well-known philanthropist and humanitarian who contributes to a large variety of charitable sources.  He provides support to organizations that focus on improving the lives of individuals. He has contributed extensively to charities that are focused on medical research and treatment, as well as finding cures for debilitating diseases.

Education

Howard Fensterman with Partner Jordan Fensterman
Howard Fensterman with Partner Jordan Fensterman

Mr. Fensterman received his J.D. from Georgetown Law Center and has practiced in New York, New Jersey, Maryland, and Washington DC.

Abrams Fensterman Practice Areas

The firm’s primary practice areas include health law, litigation, estates, and matrimonial law.

Additionally, Abrams Fensterman has attorneys who focus on a vast array of other legal practices, including white-collar criminal law, professional misconduct, corporate law, real estate law, transportation, intellectual property, and guardianship. Mr. Fensterman’s experience covers nearly all of these practice areas, as well as overseeing and being the managing partner of the firm. 

Experience  

Howard’s attorneys are significantly involved in health care law and won a defense verdict for Article 10 Religious Corporation. The firm offers community services, both through law practice and engagement on social media, has won many awards, and has articles published in a variety of media outlets. Some of the more recent ones are listed below.

    • January 2024: Abrams Fensterman Executive Partner & Director of the Mental Health Law Practice, Carolyn Carolyn Wolf was on the front page of the New York Law Journal which regarding additional support by NY Governor Kathy Hocul for mental health.
    • December 2023: Howard wrote an op-ed in LongIslandPress.com about left-wing radical extremism in the Democratic party.
    • October 2023: Howard Fensterman was honored at The Brooklyn Bar Association’s annual dinner.
    • October 2023: Howard was honored at The Brooklyn Bar Association’s Holloween charity event called “Coat Drive, Cocktails and Costumes”.
    • October 2023: Best-selling author Nelson DeMille wrote a book called Blood Lines. A fictional story about federal agents looking for a potential terrorist in Europe. Howard Fensterman is noted in the book as one of his characters.
    • August 2023: Super Lawyers has added Jordan Fensterman to their list of New York’s 2023 super lawyers.  The selection process requires an evaluation of candidates by the Super Lawyers research department. It consists of 12 indicators of professional achievement of which only 5% of the lawyers in the New York area are selected.
    • May 2023: Abrams Fensterman is representing a woman accusing Rudy Giuliani of sexual assault and harassment.
    • March 2023: Jordan Fensterman was interviewed regarding Operation Nightengale’s impact on the nursing community in New York State.
    • March 2023: Howard Fensterman was listed in City & State Magazine’s 2023 Law Power 100, ranked at number 16.
    • April 2022: Howard has been included on City & State Magazine’s 2022 Law Power 100 List, ranked at number 18.
    • March 2021: Mr. Fensterman was listed in Long Island Business News’ Power 25 List which recognizes the most powerful people in Long Island law.