Taking Work Home With You

By Beth Ensell, Albany Government Law Review

On November 23, 2011, the New York Appellate Division, Third Department issued a decision that allows employers to investigate employee misconduct using Global Positioning System (“GPS”) devices without first obtaining permission from the employee or a court.[1]  The investigation at issue in the appeal centered on Michael Cunningham, the former Director of Staff and Organizational Development for the New York State Department of Labor.[2]  Mr. Cunningham’s employer suspected that he engaged in “a pattern of taking unauthorized absences from work as well as falsifying time records.”[3]  The New York Office of Inspector General (“OIG”), after receiving the case by referral, decided to use a GPS device to assist in gathering evidence against Mr. Cunningham.[4] Continue reading “Taking Work Home With You”

The Supreme Court and The Individual Healthcare Mandate

By Beth Ensell, Albany Government Law Review

On March 23, 2010, President Barack Obama signed the Patient Protection and Affordability Care Act (PPACA) into law.  The law added a provision to the U.S. Tax Code, which requires every citizen, national, or alien lawfully in the United States, to maintain “minimum essential coverage” for themselves and their dependents, subject to penalty.[1]  This has been dubbed the “individual mandate” and touted by PPACA naysayers as “socialized medicine.”[2]  The provision also remains the focus of several ongoing lawsuits challenging the constitutionality of PPACA.[3] Continue reading “The Supreme Court and The Individual Healthcare Mandate”