Slip Op. Intesa's counsel then sent a letter to Mr. Romanello's attorney asking if Mr. Romanello would return to work or whether he was abandoning his job. Romanello's attorney responded by sending a letter stating that although Mr. Romanello was not abandoning his position with Intesa, he was unable to work and sick with an uncertain prognosis, therefore rendering his return to work date "indeterminate.
Romanello's employment on the grounds that the employer could not accommodate Mr. Romanello's request for indefinite leave.
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In finding that indefinite leave is not a reasonable accommodation under state law, the Court of Appeals noted that in order to state a claim under that law, "the complaint and supporting documentation must set forth factual allegations sufficient to show that, upon the provision of reasonable accommodations, [the employee] could perform the essential functions of [his or] her job. Romanello's communications with Intesa prior to his termination, nor his complaint alleging discrimination, offered any indication as to when he planned to return to work.
Given these facts and Mr. Romanello's statement that his return to work date was "indeterminate," the court ruled that Mr. Romanello hoped to keep his job by requesting an indefinite leave of absence, which is not a reasonable accommodation under the state law. Conversely, the Court of Appeals found that the New York City law affords plaintiffs and employees protections broader than the state law, and that the city law's definition of "disability" does not include "reasonable accommodation" or the ability to perform a job in a reasonable manner.
Based on this insurance model, employers will not have to face the direct financial burden of funding the paid leave benefits provided under the new law. Nonetheless, employers should begin to prepare for other administrative costs associated with the new law, including costs for implementing changes to internal policies and costs related to employee absences during their paid family leaves. Since the Paid Leave Law was just signed into legislation and the first phase of implementation is not scheduled to begin until , there has not yet been any significant guidance issued on the new law.
We will continue to monitor for additional analysis or guidance issued by the State, if any, and will provide employers with updates on implementation as more information develops. Regis Mohawk tribe shall be made available to the counties of Franklin and St. Section h of the state finance law, as amended by chapter of the laws of , is amended by adding a new subdivision 3-a to read as follows: 3-A.
The penal law is amended by adding a new section The legislature hereby finds that long-standing disputes between the Oneida Nation of New York and the State of New York, Madison County and Oneida County, have generated litigation in state and federal courts regarding property and other taxation, the status of Oneida Nation lands and transfer of such lands to the United States to be held in trust for the Oneida Nation, and that such litigation and disputes have caused decades of unrest and uncertainty for the citizens and residents of the Central New York region of this state.
The legislature further finds that it is in the best interests of all citizens, residents and poli- tical subdivisions of this state to remove any uncertainty that such litigation or disputes have created regarding the title to and jurisdic- S. The legislature recognizes that negotiated settlement of these disputes will facilitate a cooperative relationship between the state, the counties and the Oneida Nation.
Therefore, the legislature declares that the following provisions are enacted to implement the settlement agreement that has been negotiated and executed by the governor on behalf of the people of this state. Notwithstanding any inconsistent provision of law, the Nation- State compact entered into by the State on April 16, and approved by the United States Department of the Interior on June 4, , which approval was published at 58 Fed.
Sections 2 and 3 of the Indian law are renumbered sections 3 and 4 and a new section 2 is added to read as follows: S 2. The Indian law is amended by adding a new section 16 to read as follows: S Subdivision 18 of section of the tax law, as added by section 3 of part K of chapter 61 of the laws of , is amended to read as follows: Subdivision 14 of section of the tax law, as added by section 1 of part K of chapter 61 of the laws of , is amended to read as follows: Intentionally omitted.
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Section of the racing, pari-mutuel wagering and breeding law is amended by adding a new subdivision 21 to read as follows: Section a of the tax law is amended by adding a new subdi- vision g to read as follows: G. Section 1 of part HH of chapter 57 of the laws of relating to providing for the administration of certain funds and accounts related to the budget, is amended by adding a new subdivision 39 to read as follows: Subdivision a of section a of the tax law, as amended by section 2 of part O-1 of chapter 57 of the laws of , is amended to read as follows: a.
Such rules and regulations shall provide, as a condition of licensure, that racetracks to be licensed are certified to be in compliance with all state and local fire and safety codes, that the division is afforded adequate space, infrastructure, and amenities consistent with industry standards for such video gaming operations as found at racetracks in other states, that racetrack employees involved in the operation of video lottery gaming pursuant to this section are licensed by the racing and wagering board, and such other terms and conditions of licensure as the division may establish.
Notwithstanding any inconsistent provision of law, video lottery gaming at a racetrack pursuant to this section shall be deemed an approved activity for such racetrack under the rele- vant city, county, town, or village land use or zoning ordinances, S. No entity licensed by the division operating video lottery gaming pursuant to this section may house such gaming activity in a structure deemed or approved by the division as "tempo- rary" for a duration of longer than eighteen-months.
Nothing in this section shall prohibit the division from licensing an entity to operate video lottery gaming at an existing racetrack as authorized in this subdivision whether or not a different entity is licensed to conduct horse racing and pari-mutuel wagering at such racetrack pursuant to article two or three of the racing, pari-mutuel wagering and breeding law.
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The division, in consultation with the racing and wagering board, shall establish standards for approval of the temporary and permanent physical layout and construction of any facility or building devoted to a video lottery gaming operation. In reviewing such application for the construction or reconstruction of facilities related or devoted to the operation or housing of video lottery gaming operations, the division, in consultation with the racing and wagering board, shall ensure that such facility: 1 possesses superior consumer amenities and conveniences to encour- age and attract the patronage of tourists and other visitors from across the region, state, and nation.
Section l of the state finance law, as added by section 1 of part J of chapter 57 of the laws of , paragraph b of subdivision 2 S. State assistance to eligible cities and eligible munici- palities in which a video lottery gaming facility is located. Defi- nitions. When used in this section, unless otherwise expressly stated: a. Within the amount appropriated therefor, an eligible city shall receive an amount equal to the state aid payment received in the state fiscal year commencing April first, two thousand eight from an appropri- ation for aid to municipalities with video lottery gaming facilities.
Within the amounts appropriated therefor, eligible municipalities shall receive an amount equal to fifty-five percent of the state aid payment received in the state fiscal year commencing April first, two thousand eight from an appropriation for aid to municipalities with video lottery gaming facilities.
Payments of state aid pursuant to this section shall be made on or before June thirtieth of each state fiscal year to the chief fiscal officer of each eligible city and each eligible municipality on audit and warrant of the state comptroller out of moneys appropriated by the legislature for such purpose to the credit of the local assistance fund in the general fund of the state treasury. Section 1 of chapter 50 of the laws of , State Operations budget, is amended by repealing the items hereinbelow set forth in brackets and by adding to such section the other items underscored in this section.
Notwithstanding any provision of law to the contrary, the money hereby appropriated may not be, in whole or in part, inter- changed with any other appropriation with- in the state gaming commission, except those appropriations that fund activities related to the administration of gaming commission program.
Notwithstanding any other provision of law to the contrary, the OGS Interchange and Transfer Authority and the IT Interchange and Transfer Authority as defined in the state fiscal year state operations appropriation for the budget division program of the division of the budget, are deemed fully incorporated herein and a part of this appropriation as if fully stated. Section of the racing, pari-mutuel wagering and breeding law is amended by adding a new subdivision 22 to read as follows: The annual amount of such vendor's capital awards that a vendor track shall be eligible to receive shall be limited to two million five hundred thousand dollars, except for Aqueduct racetrack, for which there shall be no vendor's capital awards.
For all tracks, except for Aqueduct racetrack, the amount of any vendor's capital award that is not used during any one year period may be carried over into subsequent years ending before April first, two thousand fourteen. In the event that a vendor track's capital expenditures, approved by the division prior to April first, two thousand fourteen and completed prior to April first, two thousand sixteen, exceed the vendor track's cumulative capital award during the five year period ending April first, two thousand fourteen, the vendor shall continue to receive the capital award after April first, two thousand fourteen until such approved capital expenditures are paid to the vendor track subject to any required co-investment.
In no event shall any vendor track that receives a vendor fee pursuant to clause F or G of this subparagraph be eligible for a vendor's capi- tal award under this section.
Any operator of a vendor track which has received a vendor's capital award, choosing to divest the capital improvement toward which the award was applied, prior to the full depre- ciation of the capital improvement in accordance with generally accepted accounting principles, shall reimburse the state in amounts equal to the total of any such awards.
Any capital award not approved for a capital expenditure at a video lottery gaming facility by April first, two thou- sand fourteen shall be deposited into the state lottery fund for educa- tion aid; and S In establishing the vendor fee, the division shall ensure the maximum lottery support for education while also ensuring the effective implementation of section sixteen hundred seventeen-a of this article through the provision of reasonable reimbursements and compensation to vendor tracks for participation in such program.
Within twenty days after any award of lottery prizes, the division shall pay into the state treasury, to the credit of the state lottery fund, the balance of all moneys received from the sale of all tickets for the lottery in which such prizes were awarded remaining after provision for the payment of prizes as herein provided. Any revenues derived from the sale of adver- tising on lottery tickets shall be deposited in the state lottery fund.
Subdivision a of section a of the tax law is amended by adding a new paragraph 4 to read as follows: S. Disposition of revenues. The moneys in the lottery prize account shall be paid out of such account on the audit and warrant of the comptroller on vouchers certi- fied or approved by the director or his or her duly designated official. Prize money derived from ticket sales receipts of a particular game and deposited in the lottery prize account in accordance with the S.
Balances in the lottery prize account identified by individual games may be carried over from one fiscal year to the next to ensure proper payout of games. Notwithstanding the foregoing, not later than April first, two thou- sand twelve, the vendor fee shall become thirty-one percent and remain at that level thereafter; and except for Aqueduct racetrack, in which case the vendor fee shall be thirty-eight percent of the total revenue wagered at the vendor track after payout for prizes pursuant to this chapter; C notwithstanding clauses A and B of this subparagraph, when the vendor track is located in an area with a population of less than one million within the forty mile radius around such track, at a rate of thirty-nine percent for the first fifty million dollars annually, twen- ty-eight percent for the next hundred million dollars annually, and twenty-five percent thereafter of the total revenue wagered at the vendor track after payout for prizes pursuant to this chapter; S.
S 8. F notwithstanding clauses A , B , C , D and E of this subpar- agraph, when a vendor track, is located in Sullivan county and within sixty miles from any gaming facility in a contiguous state such vendor fee shall, for a period of six years commencing April first, two thou- sand eight, be at a rate of forty-one percent of the total revenue wagered at the vendor track after payout for prizes pursuant to this chapter, after which time such rate shall be as for all tracks in clause C of this subparagraph.
In addition, in the event the vendor fee is calculated pursuant to subclause i of this clause, the vendor's fee shall be further reduced by For the purposes of this section, "full-time, permanent employee" shall mean an employee who has worked at the video gaming facility[, vendor track] or related and adjacent facilities for a minimum of thir- ty-five hours per week for not less than four consecutive weeks and who is entitled to receive the usual and customary fringe benefits extended to other employees with comparable rank and duties; or two part-time employees who have worked at the video gaming facility, vendor track or related and adjacent facilities for a combined minimum of thirty-five hours per week for not less than four consecutive weeks and who are entitled to receive the usual and customary fringe benefits extended to other employees with comparable rank and duties.
For the purpose of this section "employment goal" shall mean one thou- sand five hundred full-time permanent employees after three years of opening operations of the licensed video gaming facility [or licensed vendor track]. For the purpose of this section "employment shortfall" shall mean a level of employment that falls below the employment goal, as certified annually by vendor's certified accountants and the chairman of the empire state development corporation.
Except for tracks having less than one thousand one hundred video gaming machines, each track operator shall be required to co-invest an amount of capital expenditure equal to its cumulative vendor's capital award. Any amount attribut- able to a capital expenditure approved prior to April first, two thou- sand fourteen and completed before April first, two thousand sixteen shall be eligible to receive the vendor's capital award.
In the event that a vendor track's capital expenditures, approved by the division prior to April first, two thousand fourteen and completed prior to April first, two thousand sixteen, exceed the vendor track's cumulative capi- tal award during the five year period ending April first, two thousand fourteen, the vendor shall continue to receive the capital award after April first, two thousand fourteen until such approved capital expendi- tures are paid to the vendor track subject to any required co-invest- ment.
In no event shall any vendor track that receives a vendor fee pursuant to clause F or G of this subparagraph be eligible for a vendor's capital award under this section. Any operator of a vendor track which has received a vendor's capital award, choosing to divest S. Any capital award not approved for a capital expenditure at a video lottery gaming facility by April first, two thousand fourteen shall be deposited into the state lottery fund for education aid; and [ I ] J Notwithstanding any provision of law to the contrary, free play allowance credits authorized by the division pursuant to subdivi- sion f of section sixteen hundred seventeen-a of this article shall not be included in the calculation of the total amount wagered on video lottery games, the total amount wagered after payout of prizes, the vendor fees payable to the operators of video lottery facilities, vendor's capital awards, fees payable to the division's video lottery gaming equipment contractors, or racing support payments.
As consideration for the operation of a video lottery gaming facil- ity, the division, shall cause the investment in the racing industry of a portion of the vendor fee received pursuant to paragraph one of this subdivision in the manner set forth in this subdivision.
Provided, further, that nothing in this paragraph shall prevent each track from entering into an agreement, not to exceed five years, with the organization authorized to represent its horsemen to increase or decrease the portion of its vendor fee dedicated to enhancing purses at such track during the years of participation by such track, or to race fewer dates than required herein.
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Nothing in paragraph two of this subdivision shall affect any agreement in effect on or before the effective date of this paragraph, except that the obligation to pay funds to the gaming commission to promote and ensure equine health and safety shall supersede any provision to the contrary in any such agreement. The specifications for video lottery gaming, including any joint, multi-jurisdiction, and out-of-state video lottery gaming, shall be designed in such a manner as to pay prizes that average no less than ninety percent of sales.
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Of the ten percent retained by the division for administrative purposes, any amounts beyond that which are necessary for the operation and administration of this pilot program shall be deposited in the lottery education account. Notwithstanding any law, rule or regulation to the contrary, any successor to the New York Racing Association, Inc.
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The video lottery gaming operator selected to operate a video lottery terminal facility at Aqueduct will be subject to a memorandum of understanding between the governor, temporary president of the senate and the speaker of the assembly. Notwithstanding subparagraph i of paragraph a of subdivision eight of section two hundred twelve of the racing, pari-mutuel wagering and breeding law, the state, pursuant to an agreement with the video lottery gaming operator to operate a video lottery terminal facility at Aqueduct, may authorize, as part of such agreement or in conjunction with such agreement at the time it is executed, additional development at the Aqueduct racing facility.