Tara Toevs Carolan is partner in the Labor and Employment practice.
As a member of the firm’s COVID-19 Team, Tara also provides COVID-19-related legal advice to employers and business owners regarding reopening and re-entry to the workplace.
She advises employers on litigation avoidance practices and compliance with federal, state, and local wage and hour, employment, and labor laws including:
Tara represents employers, businesses, residential building owners and managing agents in the defense of employment and housing-related discrimination claims before New York State and Federal courts, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Housing and Urban Development, the New York State Division of Human Rights and the New York City Commission on Human Rights.
She also represents employers and business owners in the defense of single and multiple plaintiff wage and hour litigation before New York State and Federal courts as well as investigations and audits conducted by the U.S. and New York State Departments of Labor.
What do I do when not practicing law:
I enjoy spending time with my husband and son, skiing, running, or cycling.
Favorite New York Landmark:
Central Park
apple seeds LLC is a growing organization that provides indoor playground facilities, classes, birthday parties and other activities. As an emerging and growing business, apple seeds needed a business-minded legal partner who understood the challenges of being a middle market business. They needed help building the company from the ground floor up, and providing a solid foundation for future growth.
Thirty-three lawyers from Tarter Krinsky & Drogin have been named to the 2021 New York Metro Super Lawyers and Rising Stars lists.
Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2020 New York Metro Super Lawyers and Rising Stars lists, an increase from 2019. Last year, twenty-three firm lawyers were ranked as Super Lawyers and seven were ranked on the Rising Stars list, and this year, twenty-eight firm lawyers were ranked as Super Lawyers and four were ranked as Rising Stars.
Labor and Employment Partner Tara Toevs Carolan joins host and Litigation Partner Rich Schoenstein to discuss "Returning to the Office – Considerations for Employers Bringing Back Employees" on the latest episode of Law Brief. Tara and Rich explore the tough task of bringing back employees to the office while COVID-19 continues, surveying both the employees' rights and the duties of the employers. Listen to the episode.
The New York Law Journal has highlighted the promotion of three counsels to partner and the promotion of five associates to counsel.
Tarter Krinsky & Drogin is pleased to announce the promotion of the below three counsels to partner and the promotion of five associates to counsel.
New York Metro Super Lawyers has named 21 Tarter Krinsky & Drogin lawyers in 10 practices to its 2016 list.
A unanimous panel of the Appellate Division, First Department, overruled a trial court judge and dismissed race-bsed discriminatory discharge and retaliation claims in favor of our client. Labor and Employment attorneys Richard L. Steer, Laurent S. Drogin and Tara Toevs Carolan represented the employer.
The 2015 New York Super Lawyers recognized 22 of Tarter Krinsky & Drogin’s attorneys.
The firm is pleased to announce the attorneys promoted in 2014. Gabriel Levinson was promoted to Partner. Attorneys Heather Ohlberg, Gina Piazza and Tara Toevs Carolan were promoted to Counsel.
Tarter Krinsky & Drogin represented a nationwide staffing company in connection with an employee misclassification charge. Filed with the New York State Department of Labor, Unemployment Insurance Board and Workers' Compensation Board, the charge stemmed from an alleged misclassification of staffers as independent contractors.
New York employers are reminded that the hourly minimum wage and wage credits, as well as the minimum weekly salary required for employees to quality for the professional, executive and administrative exemptions are increasing effective December 31, 2014.
There has been an important development regarding the NYC Earned Sick Time Act (“ESTA”). This is the law that now requires most employers to provide up to 40 hours of annual paid sick time to their employees.
Tarter Krinsky & Drogin represented a neurologic care facility in connection with an employment discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC). The charge was filed by a former employee who alleged discrimination based on disability, sex, age, and retaliation in violation of Title VII and the New York State Human Rights Law (SHRL).
Tarter Krinsky & Drogin represented the managing agent of 6 residential buildings in Uptown Manhattan in connection with a housing discrimination complaint filed with the New York State Division of Human Rights (SDHR). The complaint was filed by a current tenant who alleged housing discrimination based on age, disability, and retaliation in violation of the New York State Human Rights Law (SHRL).
A recent opinion and order by Judge Paul Crotty, US District Court for the Southern District of New York, granted summary judgment in favor of our client, a major NY Hospital.
Tarter Krinsky & Drogin represented Iona College in connection with a Charge of Discrimination filed with the U.S. Equal Employment Opportunity Commission (EEOC).
Tarter Krinsky & Drogin successfully represented a university whose dining facility was operated by an outside vendor.
The New York Supreme Court for New York County granted Tarter Krinsky & Drogin’s motion to dismiss the complaint against the firm’s clients, the department chairman and administrator. The decision is significant because it upholds the right of management to make statements reflecting on an employee’s performance and that such statements are generally privileged.
Tarter Krinsky & Drogin’s client, a well-known New York City restaurant, provided 90 days’ notice of the closing of its business to its employees under New York State’s new Workers Adjustment and Retraining Notification (WARN) Act. This was one of the first cases of its kind to be determined under the State WARN Act, which took effect February 1, 2009.
An investigation by the New York State Division of Human Rights has found that Tarter Krinsky & Drogin's client, a managing agent of a residential apartment building complex, did not violate the New York State Human Rights law.
Tarter Krinsky & Drogin is pleased to announce the continuation of its CLE programs, open to attorneys, clients and others interested in the topics. The webinar programs, which each cover various areas of the law reflecting the full-service nature of the firm’s practice, will be held via Zoom.
Tarter Krinsky & Drogin is pleased to announce the continuation of its CLE programs, open to attorneys, clients and others interested in the topics. The webinar programs, which each cover various areas of the law reflecting the full-service nature of the firm’s practice, will be held via Zoom. Advance registration is required. To learn more and register for a program, contact marketingevents@tarterkrinsky.com.
On October 29, Tara Toevs Carolan, Labor and Employment Partner and Naya Pearlman, Principal at Berdon LLP will present the CLE program titled, "The Families First Coronavirus Response Act (FFCRA)." Tara and Naya will explore the recent revisions and clarifications to the Families First Coronavirus Response Act (FFCRA) and how it affects employers.
The Occupational Safety and Health Administration (OSHA) is developing a rule requiring employers with 100 or more employees to ensure workers are fully vaccinated against COVID-19 or test negative for COVID-19 at least once a week before physically showing up to work.
As previously reported, under the New York State Health and Essential Rights Act (HERO Act) (which was signed into law on May 5, 2021), the New York State Department of Labor (DOL), in cooperation with the New York State Department of Health, published The Airborne Infectious Disease Exposure Prevention Standard (Standard) on July 6, 2021.[1
On July 27, 2021, the Center for Disease Control and Prevention (CDC) updated its guidance When You’ve Been Fully Vaccinated given new evidence on the B.1.617.2 (Delta) variant.
On July 6, 2021, the New York State Department of Labor (DOL) published The Airborne Infectious Disease Exposure Prevention Standard (Standard). The Standard applies to most private employers, regardless of size, with worksites located in New York State.
On June 11, 2021, Governor Andrew M. Cuomo signed Senate Bill S6768 amending certain provisions of the New York Health and Essential Rights Act (Act), in the New York Labor Law, relating to preventing occupational exposure to an airborne infectious disease.
On March 12, 2021, Governor Cuomo signed legislation granting employees with paid time off to receive their COVID-19 vaccination.
On March 11, 2021, Governor Cuomo announced that domestic travelers will no longer be required to quarantine after entering New York State from another U.S. State or U.S Territory starting April 1, 2021 (unless they have been exposed to COVID-19).
On January 20, 2021, President Biden appointed Charlotte A. Burrows as Chair of the U.S. Equal Employment Opportunity Commission (EEOC).
On January 21, 2021, President Biden issued an executive order requiring the issuance of revised guidance to employers for workplace safety during the COVID-19 pandemic.
On January 20, 2021, New York State released supplemental guidance regarding the application of COVID-19 sick leave for all eligible employees. The supplemental guidance stipulates that employees may qualify for leave under the New York State COVID-19 Sick Leave law for up to three orders of quarantine or isolation and that the second and third orders must be based on positive COVID-19 tests.
On January 12, 2021, the Equal Employment Opportunity Commission announced that certain data collections that were delayed due to the COVID-19 pandemic will reopen in 2021. The 2019 and 2020 EEO-1 data collection for private sector employers has been scheduled for April 2021, with the other data collections slated for the following months.
While the U.S. Equal Employment Opportunity Commission (EEOC) has not explicitly stated that mandatory vaccination policies are permissible, on December 16, 2020, it updated its Technical Assistance Publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws.”
On January 5, 2021, New York City Mayor Bill de Blasio signed into law two new local laws affecting fast food workers. Fast food employers have until July 2021 (when the laws take effect) to prepare for and implement the necessary changes to their practices and at-will employment policies.
On December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021 (the Act). The Act, among many other things, expands the employee retention tax credit and includes favorable changes to other employer-related tax provisions.
On December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021 (the Act). The Act is wide-sweeping in its breadth at over 5,500 pages and provides the annual funding for the federal government.
Importantly, for many small businesses, the Act contains several important rules providing further relief for those affected by the COVID-19 pandemic, including revisions to the Paycheck Protection Program (PPP). For purposes of this alert, we will highlight some of the PPP provisions we believe will be of interest to employers.
Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.
On October 2, 2020, the SBA released a procedural notice (Notice) – available here – addressed to SBA employees and PPP lenders clarifying the required procedures for changes of ownership of an entity that has received PPP funds.
Just in the nick of time, the New York State Department of Labor (NYDOL) released the new wage notice template to be used for employers subject to Home Care Worker Wage Parity. Employers must begin using the new wage notice (labeled the LS 62) beginning today, October 1, 2020. The LS 62 is available on the NYDOL website, linked here.
The U.S. Department of Labor (DOL) published new FAQs on August 27, 2020, for employers about paid leave under the Families First Coronavirus Response Act (FFCRA) related to the re-opening of schools.
The guidance describes eligibility for paid leave in response to the varied reopening formats and schedules announced by schools including blended in-person and remote learning.
The COVID-19 global pandemic has created additional health and safety considerations for employers, who as it is, already have a general duty to provide a safe working environment.
As businesses and employers prioritize the health, safety, and well-being of their employees and workers, their families, and the wider community, through updating and maintaining their required written Reopening Safety Plans, they are also focusing on disseminating written COVID-19-related workplace policies.
Does your company perform “prevailing wage” work? If so, you now have additional obligations under New York’s Wage Theft Prevention Act (WTPA), which was amended by Governor Andrew Cuomo’s signing of the 2020-2021 state budget. Examples of prevailing wage work include non-union positions in construction or building service jobs.
While everyone’s attention was fixed on COVID-19 and the surrounding chaos, New York State Governor Andrew Cuomo signed the state budget for fiscal year 2020-2021, ushering in several new labor laws and amendments. Some of these such amendments concern the Home Health Care Worker Wage Parity Law (Wage Parity Law) and New York’s Wage Theft Prevention Act (WTPA).
New York City entered Phase III of reopening on Monday, July 6, 2020. However, indoor dining was postponed in New York City due to concerns regarding the risk of spreading COVID-19.
The Federal Reserve Bank of Boston announced the Main Street Lending Program is “now fully operational, ready to purchase participations in eligible loans that are submitted to the program by registered lenders.”
Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.
Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.
On June 4, 2020, the Internal Revenue Service issued Notice 2020-39, which provides temporary relief to qualified opportunity funds (QOFs) and their investors as a result of the COVID-19 pandemic.
The Federal Reserve Bank of Boston announced changes to the Main Street Lending Program (Program) to allow more small and medium-sized businesses to be able to participate in the Program.
The Federal Reserve recently announced that the Federal Reserve Bank of Boston has set up the special purpose vehicle (SPV) to purchase participations in loans originated by eligible lenders under the Main Street Lending Program (Program). In addition, Program loan participation agreement, form borrower and lender certifications, and other required form agreements are now available on the Federal Reserve Bank of Boston’s Main Street Lending Program Forms and Agreements website. The Federal Reserve also updated its Frequently Asked Questions (FAQs), dated May 27, 2020.
On June 5, 2020, President Trump signed H.R. 7010 (the Bill), which the Senate had unanimously passed. The Bill amends several provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the Paycheck Protection Program (PPP).
For certain small businesses, non-profits and landlords who did not receive a Paycheck Protection Program loan or an Economic Injury Disaster Loan from the Small Business Administration, New York State is making available loans under the New York Forward Loan Fund (NYFLF). The NYFLF is a new economic recovery loan program aimed at supporting New York State’s small businesses, non-profits and landlords as they reopen after the COVID-19 outbreak and New York State on PAUSE.
On May 26, 2020, New York City Mayor Bill de Blasio signed the City Council’s bill No.1932-A (the Personal Liability Bill). The Personal Liability Bill adds a new section 22-1005 to the administrative code of the City of New York, suspending the enforcement of personal liability provisions for certain commercial tenants affected by the COVID-19 crisis.
On May 22, 2020, the Small Business Administration (SBA), in consultation with the U.S. Department of Treasury, published an interim final rule (the Review Guidance) to supplement previous Paycheck Protection Program (PPP) loan forgiveness guidance. The Review Guidance is intended to establish the standards by which the SBA will investigate whether a loan met program requirements and the circumstances under which it will be released from liability on a guarantee for such a loan.
Federal Reserve Chairman Jerome Powell announced on May 19, 2020, before a Senate Committee that the Main Street Lending Program (Program) is anticipated to be launched around the end of May. Prospective borrowers should be preparing for making loan applications with participating lenders when the Program commences.
On May 22, 2020, the Small Business Administration, in consultation with the U.S. Department of Treasury, published an interim final rule to supplement previous Paycheck Protection Program loan forgiveness guidance.
Federal Reserve Chairman Jerome Powell announced on May 19, 2020, before a Senate Committee that the Main Street Lending Program (Program) is anticipated to be launched around the end of May. Prospective borrowers should be preparing for making loan applications with participating lenders when the Program commences.
On May 15, 2020, the Small Business Administration, in consultation with the U.S. Department of Treasury released the Paycheck Protection Program (PPP) Loan Forgiveness Application (the Forgiveness Application) and detailed instructions for the Forgiveness Application. To apply for PPP loan forgiveness, the borrower must complete the Forgiveness Application and submit the completed application and required documentation to its lender.
Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.
As the PPP went into immediate effect without the standard comment period, the SBA continues to issue additional guidance in the form of Frequently Asked Questions (FAQs) and responses as well as Interim Final Rules (IFRs). The most recently updated FAQs, current as of May 13, 2020, are available here and the most recently issued IFRs are available here. Importantly, the U.S. government will not challenge lender PPP actions that conform to the FAQs, and to IFRs and any subsequent rulemaking in effect at the time.
Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.
One year ago, voting leave in New York was expanded to provide three hours of paid voting leave to all employees, regardless of whether they had time outside of work to go to the polls. But this expanded leave was short-lived. As of April 3, 2020, Section 3-110 of the New York State Election Law detailing the time allowed for employees to vote has been amended to closely resemble its previous iteration. The amendments were announced as part of New York State Governor Andrew Cuomo's 2020-2021 state budget.
Guidance and forms are now available for employers to use in documenting leave requests and complying with requirements under the new federal and state COVID-19 leave laws.
On March 18, 2020, New York State adopted new legislation providing employees subject to the Coronavirus (COVID-19) quarantine or isolation order with immediate sick leave, disability benefits and paid family leave. These benefits apply to employees who cannot work (including an inability to work remotely).
New York State Governor Andrew Cuomo announced that his Executive Order 202.6 requiring non-essential businesses to keep 50% of their workforce offsite has been updated to increase that number to 75%. This means that if your business is deemed non-essential, you may only have 25% of your workforce working in the office or "onsite" starting Friday, March 20.
As we start a new year, we would like to share with you some of our most popular legal alerts from 2018. Our top-read alerts range from construction, corporate and securities, labor and employment, tax and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.
As reported in our recent client alert, employers must provide sexual harassment training to all of their employees. The deadline for training, which had been January 1, 2019, has been moved back to October 9, 2019.
On July 6, 2015, the United States Department of Labor (DOL) published its highly-anticipated proposed rules that would require the payment of overtime to certain employees who currently have no entitlement to overtime.
On May 7, 2015, New York City Mayor Bill de Blasio signed a law that prohibits businesses from taking any employment-related action against an individual based on credit information. The law takes effect on September 7, 2015 but preparations should begin now.
The Supreme Court unanimously decided that separate and apart from the selection of investment choices, a retirement plan fiduciary has a "continuing duty" to monitor investments and remove imprudent ones.
On June 10, 2015, the New York City Council passed the Fair Chance Act ("FCA"). It seems certain to be signed into law by Mayor Bill de Blasio in the coming weeks.
New York employers are reminded that the hourly minimum wage and wage credits, as well as the minimum weekly salary required for employees to quality for the professional, executive and administrative exemptions are increasing effective December 31, 2014.
There has been an important development regarding the NYC Earned Sick Time Act (“ESTA”). This is the law that now requires most employers to provide up to 40 hours of annual paid sick time to their employees.