Employment Law
Does a New York Employer Have to Keep a Personnel File? What the Law Requires
No New York law says "keep a personnel file," but wage, I-9 and payroll rules already require one. What § 210-b adds on November 8, 2026.
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Legal Insights from
a Long Island Attorney
2642 articles on personal injury, no-fault insurance defense, and employment law in New York — by attorney Jason Tenenbaum since 2008.
If you were hurt or wronged at work
Plain-English guides for injured people and employees
What to do first, the deadlines that matter, and what a case is worth, written for the person who was hurt.
- Religious Accommodation at Work After Bergin: The "Motivating Factor" Test in New York
- Does a New York Employer Have to Keep a Personnel File? What the Law Requires
- Where New York's 10-Day Personnel File Rule Came From: The Counseling Memo
- Can You Sue Over a Bad Google Review in NY? What Shapiro v Kushnick-Carr Means (2026)
- EEOC Charge or New York Lawsuit? Which Path Is Worth More for a Discrimination Claim
For lawyers, adjusters and claims professionals
Case notes, appellate decisions and the law tracker
Jason Tenenbaum's notes on no-fault, procedure and evidence decisions since 2008, organized by issue.
- Nassau Police Ordered to Pay $34,690.50 in FOIL Fees: What Meyer Means After a Crash
- FOIL and the Court System's Memos to Judges: NYCLU v OCA (1st Dept 2026)
- Litigation Funding Disclosure in New York: What Lituma v. Liberty Coca-Cola Means for Both Bars — and for Injured Clients
- Car Accident Recorded Statement in New York: Should You Give One?
- Who Pays Car Accident Medical Bills in New York? A Step-by-Step Guide
About Our Legal Blog
Since 2008, the Law Office of Jason Tenenbaum, P.C. has published in-depth legal analysis and commentary on New York personal injury law, no-fault insurance defense, and employment discrimination. With over 2,642 articles authored by attorney Jason Tenenbaum, this blog has become one of the most comprehensive legal resources available to injury victims, employees, and insurance professionals on Long Island and throughout New York State. Our legal commentary spans every level of the New York court system, from Supreme Court trial decisions in Nassau and Suffolk Counties to appellate rulings from the First, Second, Third, and Fourth Departments, and the New York Court of Appeals.
Our articles cover a wide spectrum of legal topics — from breaking down recent appellate court decisions that reshape no-fault insurance procedure, to explaining the steps involved in filing a personal injury claim after a car accident in Nassau or Suffolk County. We regularly analyze developments in employment law, including wrongful termination protections, pregnancy discrimination under federal and state statutes, and wage and hour violations that affect workers across Long Island. Each article is written to be accessible to non-lawyers while maintaining the legal precision that attorneys and insurance professionals expect. Many of our posts include detailed citations to New York case law so that readers — whether they are injured individuals, practicing attorneys, or insurance adjusters — can verify our analysis and apply it to their own situations.
This blog also serves as a window into how the law evolves over time. Many of our earliest articles from 2008 and 2009 documented foundational no-fault insurance decisions that continue to be cited in New York courts today. By maintaining this archive, we provide readers with the historical context necessary to understand current legal standards — including how the serious injury threshold under Insurance Law § 5102(d) has been interpreted across thousands of cases, or how the rules governing independent medical examinations and examinations under oath have shifted through successive appellate rulings. Whether you are researching a specific legal issue, preparing for a case, or simply trying to understand your rights after an accident or workplace incident, our blog is designed to give you the knowledge you need to make informed decisions.
Attorney Jason Tenenbaum writes from a perspective that few legal bloggers can match. With more than 1,000 appellate briefs filed and over 100,000 no-fault insurance cases handled, his articles reflect practical courtroom and arbitration experience rather than abstract legal theory. His writing covers the full lifecycle of personal injury and employment claims — from initial accident documentation and medical treatment, through discovery and depositions, to trial or settlement. For readers who want personalized advice about a specific situation, we encourage you to contact our office for a free consultation.
Topics We Cover
Our legal blog addresses the areas of law that matter most to Long Island residents. Below are the major topics you will find throughout our 2,642+ article archive.
Personal Injury Law
New York personal injury law allows accident victims to recover compensation for medical expenses, lost wages, pain and suffering, and other damages caused by someone else's negligence. Our blog covers car accidents, truck collisions, motorcycle crashes, pedestrian and bicycle accidents, slip and fall injuries, premises liability, construction site accidents, medical malpractice, product liability, dog bites, and wrongful death claims. We explain concepts like comparative negligence under CPLR § 1411, the serious injury threshold, notice of claim requirements for municipal defendants, and statutes of limitations that apply in Nassau County, Suffolk County, and New York City courts.
Browse personal injury articlesNo-Fault Insurance
New York's no-fault insurance system under Insurance Law Article 51 requires motor vehicle insurers to pay first-party benefits for medical treatment, lost earnings, and other basic economic losses regardless of who caused the accident. Our blog is one of the most detailed resources available on no-fault procedure, covering fee schedule disputes, peer review denials, independent medical examination (IME) issues, examinations under oath (EUO), timely denial requirements, verification requests, arbitration outcomes, and the interplay between no-fault benefits and personal injury litigation. Attorney Tenenbaum has handled over 100,000 no-fault cases and provides analysis that reflects actual practice before New York arbitrators and courts.
Browse no-fault articlesEmployment Discrimination & Workplace Rights
Employees in New York are protected by overlapping federal, state, and local anti-discrimination laws — including Title VII, the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Our blog explains the legal standards for claims involving race, gender, age, disability, pregnancy, religion, and national origin discrimination, as well as sexual harassment, hostile work environment, retaliation, wrongful termination, and wage and hour violations under the Fair Labor Standards Act and the New York Labor Law. We regularly analyze decisions from the U.S. District Courts for the Eastern and Southern Districts of New York, the Second Circuit Court of Appeals, and the New York State Division of Human Rights.
Browse employment law articlesLegal Procedure & Case Analysis
A significant portion of our blog is devoted to New York civil procedure and detailed case-by-case analysis of court decisions. We cover summary judgment standards, discovery disputes, expert witness requirements, evidence rules, appellate practice, and procedural pitfalls that can determine the outcome of a case before it ever reaches a jury. Topics include the CPLR provisions governing motions, pleadings, and statutes of limitations, the role of affidavits and medical evidence in personal injury litigation, and the procedural requirements that govern no-fault arbitration and master arbitration. These articles serve as a practical resource for attorneys preparing motions, insurance professionals evaluating claims, and individuals who want to understand how New York's courts actually function.
Showing latest 30 of 2642 articles
Employment Law
Where New York's 10-Day Personnel File Rule Came From: The Counseling Memo
Labor Law § 210-b gives every New York employee what teacher contracts have long given: notice of a write-up and a written answer in the file.
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Motion issues
Can You Sue Over a Bad Google Review in NY? What Shapiro v Kushnick-Carr Means (2026)
A NY appeals court dismissed an attorney's defamation suit over a Google review of his firm and awarded the reviewer attorney's fees. Read this before you sue.
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Employment Law
EEOC Charge or New York Lawsuit? Which Path Is Worth More for a Discrimination Claim
An EEOC charge: Title VII, a 300-day clock, a damages cap. A New York Human Rights Law suit: no charge, no cap. The election of remedies, explained.
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Discovery
Nassau Police Ordered to Pay $34,690.50 in FOIL Fees: What Meyer Means After a Crash
The Second Department raised a FOIL fee award against the Nassau County Police Department from $12,000 to $34,690.50. The statute, the math, and the FOIL clock.
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Pedestrian Accidents
Long Island Pedestrian Crashes After Dark: State Data Before the Clocks Change
From November through January, 485 of 520 evening pedestrian crashes in Nassau and Suffolk happened in the dark. State and federal data, with the CSV files.
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No fees unless we win. Serving Nassau County, Suffolk County & NYC.
Employment Law
Document It or Lose It: Why the Personnel File Decides New York Discrimination Cases
The employer needs a legitimate reason with no nexus to your complaint, and it must be in the file. Labor Law § 210-b gives you that file from November 8, 2026.
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Employment Law
Retaliation in New York After 2019: "Reasonably Likely to Deter" and "Motivated in Part"
Title VII needs but-for causation and a materially adverse act. New York's Human Rights Law asks less. Three tests, the employer's paper problem, what to save.
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Why a New York Employment Case Is Worth More Than It Was in 2019
Seven years after chapter 160 of 2019: no severe-or-pervasive test, every employer covered, punitive damages, liberal construction. Why the dismissals stopped.
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Employment Law
Paid Below the Posted Range? What Labor Law § 194-b Does and Does Not Do for You
New York postings have carried a pay range since September 17, 2023. The range is not a lawsuit and not a comparator; the § 194 claim is proved with payroll.
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Discovery
FOIL and the Court System's Memos to Judges: NYCLU v OCA (1st Dept 2026)
On September 29, 2026 the First Department upheld an order to release 22 OCA memos to judges under FOIL. What the ruling holds, and what it leaves open.
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Personal Injury
Can New York Be Liable for a Parkway Crash Where There Was No Median Barrier?
A Patchogue family says a Bethpage Parkway crossover crash was preventable. What a claim against the State needs: notice, design immunity, and the 90-day clock.
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Personal Injury
NFL Concussion Insurance Ruling: How New York Counts an Occurrence
The First Department held each former player's concussion claim is a separate occurrence. What per-occurrence and aggregate limits mean for injured people.
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Personal Injury
How Nassau County Settles Lawsuits: 62 Resolutions, One Published Dollar Figure, and a Records Request
Every Nassau County settlement resolution of 2025 and 2026, coded by meeting, court and caption: who approves them, what the record shows and what it hides.
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Personal Injury
Hurt by a Drunk Driver in New York? No-Fault, the Lawsuit, and the 2026 Rules
Two Long Island DWI crashes this month. What no-fault pays a victim, what the lawsuit needs after the 2026 reform, why the criminal case is not your case.
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Employment Law
Your Employer Promised a Bonus but Never Paid: Can an Oral Agreement Be Enforced in New York?
An oral bonus promise can be enforceable in New York, but only some bonuses are "wages" with Labor Law penalties. Touradji, the statute of frauds and proof.
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Foreclosure Defense
Can You Challenge a Foreclosure Referee's Math in New York? Lessons From Prestia
A Suffolk County foreclosure judgment was reversed because the referee's numbers rested on records nobody produced. How to object under CPLR 4403 in time.
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Employment Law
New York's Personnel File Law: What Employers Must Change Before November 8
Labor Law § 210-b takes effect November 8, 2026. Jason Tenenbaum's Law360 analysis of what every New York employer now owes: notice, copies, retention.
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Workers' Compensation
Road Worker Hit by a Driver in New York: Workers' Comp and the Third-Party Claim
A driver enters a Long Island work zone and hits the crew. Workers' comp pays first, but the negligence claim against the driver is where full damages live.
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Personal Injury
Hit by an ATV or Dirt Bike on Long Island? Here's Who Pays for Your Injuries
Street takeovers put unregistered ATVs and dirt bikes on Long Island roads. Why no-fault may not apply, when MVAIC steps in, and what to do if the rider flees.
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Employment Law
Inaccessible HR Portals and Blind Employees' Rights
Pearson Education paid $150,000 to settle EEOC claims that its benefits and training portals shut out blind employees. What the ADA and New York law require.
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Employment Law
Can a New York Employer Deny Remote Work as a Disability Accommodation?
A New York appeals court reversed a state agency that ended a disabled employee's telework. When remote work is a reasonable accommodation, and what proves it.
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Hit by an E-Bike or E-Scooter on Long Island? Suffolk's New Rules, NYC's Bills, and Who Pays
Suffolk's four 2026 e-bike and e-scooter laws, NYC's bills, and the one definition that decides whether an auto insurer, MVAIC or the rider pays after a crash.
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Foreclosure Defense
FAPA: Can a Bank Letter Restart the Foreclosure Clock?
U.S. Bank v Ahmed (2d Dept, August 5, 2026): a 2019 de-acceleration letter could not revive a foreclosure whose six-year clock began in 2014. Count your dates.
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Personal Injury
Does No-Fault Pay Wages Lost Attending an EUO?
11 NYCRR 65-3.5(e) makes the insurer reimburse wages and travel lost attending an EUO. ENS Medical v Nationwide (2026) puts the dispute in no-fault arbitration.
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Employment Law
Denied a Raise Because of Sex, Forced Out Over Age: NY Law
The EEOC's $65,000 Lely conciliation: a raise denied because of sex, an older worker pushed out. What federal and New York law give a Long Island employee.
Read Article Personal Injury
Hospital Self-Insurance: Primary or Excess? Kolli v Kaleida
Court of Appeals hears Kolli v Kaleida Health Sept. 15, 2026: does a hospital self-insurance plan cover an on-call doctor? Does it pay before or after MLMIC?
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Legal Guides
New York Genealogy Records: What the Law Lets You See
Who holds New York birth, death, marriage and probate records, the 75/50/50-year rules for genealogy copies, the descendant waiver, adoptee records and FOIL.
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Workers' Compensation
Can a New Workers' Comp Decision Make Your Appeal Moot?
The Third Department dismissed an employer's workers' comp appeal as moot after the Board amended its own decision. What happened, and NY's expanded PTSD law.
Read ArticleBrowse the Archive
More from the blog
Recent posts beyond the list above. Explore by year or category in the sidebar for the full 2,642-article archive.
- Sep 2026 NY Dram Shop Claims: Must a Bar Disprove Your Case?
- Sep 2026 NY Proposes Prior Approval for Every Auto Rate Increase
- Sep 2026 Construction Shift Cancelled? NY's New Reporting Pay Law
- Sep 2026 Can I See My Personnel File in New York? New Law Says Yes
- Sep 2026 Patterson v. Meta: Is a Social Media App a Product?
- Sep 2026 Prior Injury and Workers' Comp: What You Must Disclose
- Sep 2026 Sunrise Highway Work-Zone Crash: Who Is Liable?
- Sep 2026 WTC-12 Deadline Extended to 2030: Who Must File and Why
- Sep 2026 Is an Employer's Failure to Investigate a Discrimination Complaint Retaliation in New York?
- Sep 2026 New York Slip-and-Fall Claims: When Is a Hazard "Open and Obvious"?
- Sep 2026 Can Racist Texts, Memes, or Graffiti Create a Hostile Work Environment in New York?
- Sep 2026 New York Workers' Comp Mileage Reimbursement Is Now 76 Cents Per Mile: How to Actually Collect It
- Aug 2026 Can a New York Employer Give You Attendance Points for Disability-Related Medical Absences?
- Aug 2026 New York Ghost Jobs Bill: Can Employers Post Jobs They Do Not Intend to Fill?
- Aug 2026 Back to School in New York: Who's Liable When a Child Is Hit Near a School Zone?
- Aug 2026 NY Auto Insurance Rating Rules 2026: Job, Education, Homeownership and Zip Code Limits
- Aug 2026 Disability, Accommodation & FMLA Rights for New York School Employees
- Aug 2026 Will NY Auto Insurance Rates Go Down After Tort Reform? What Crash Victims Give Up
- Aug 2026 Injured in New York? Here's What Actually Pays While You Recover — and How Your Family Can Get Paid Leave to Care for You
- Aug 2026 Shorted on a NY Public Job? Walton Says You Can Sue
- Aug 2026 Summer Jobs and Stolen Wages: What Young Workers in New York Are Entitled to in 2026
- Aug 2026 NYC's Deactivation Law Is Blocked: What Drivers Can Still Do
- Jul 2026 Social Media Harmed Your Child in NY: Can Your Family Sue?
- Jul 2026 Your Car Was Stolen and Caused an Accident in New York — Now What?
About the Law Office of Jason Tenenbaum, P.C.
Attorney Jason Tenenbaum has been representing injured individuals and workers throughout Long Island and New York City since 2002. Founded by Attorney Jason Tenenbaum and headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746, the firm's six attorneys bring over 112 combined years of legal experience to personal injury, employment discrimination, no-fault insurance, and workers' compensation cases. The team speaks English, Spanish, Italian, Japanese, and Russian, allowing the firm to serve Long Island's diverse communities in their preferred language.
Attorney Tenenbaum has written more than 1,000 appellate briefs, handled over 100,000 no-fault insurance cases, and recovered over $100 million in verdicts and settlements for clients across New York. He is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as the U.S. District Courts for the Eastern and Southern Districts of New York, the U.S. Court of Appeals for the Second Circuit, and additional federal courts. His 2,642+ published legal articles analyzing New York case law make him one of the most prolific legal commentators in the state, and his analysis is relied upon by attorneys, judges, and insurance professionals across all four Appellate Division departments.
The firm represents clients in courts and tribunals throughout the New York metropolitan area, including the Supreme Courts of Nassau County, Suffolk County, Queens County, Kings County, Bronx County, Richmond County, New York County, and Westchester County. For no-fault insurance matters, our attorneys appear before the American Arbitration Association and in master arbitration proceedings across the state. Employment discrimination cases are litigated before the Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, and in both state and federal courts.
The firm operates on a contingency fee basis for personal injury and employment discrimination cases — you pay no attorney fees unless we recover compensation on your behalf. Every consultation is free and confidential. Our practice areas include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, slip and fall injuries, premises liability, medical malpractice, product liability, dog bites, construction accidents, wrongful death, employment discrimination, wrongful termination, workplace harassment, wage and hour violations, no-fault insurance disputes, and workers' compensation claims.
If you have been injured in an accident, experienced discrimination at work, or need help with a no-fault insurance dispute, our attorneys are available to discuss your case at no cost. We serve clients from communities across Long Island — including Huntington, Babylon, Islip, Smithtown, Brookhaven, Riverhead, Hempstead, Garden City, Mineola, Freeport, Long Beach, Great Neck, and Massapequa — as well as all five boroughs of New York City. Call (516) 750-0595 or contact us online to schedule your free consultation today.