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NYC Cares for Caregivers: New Bill Awaiting Mayor’s Signature Would Make Caregivers a Protected Class

On December 16, 2015, the New York City Council passed a bill prohibiting employers from discriminating against employees based on their actual or perceived status as a caregiver. The new law would establish caregiver status...more

Ogletree Governmental Affairs State Round-Up

In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation,...more

New York’s Wage Deduction Law in Effect for Three More Years

On October 26, 2015, New York Governor Andrew Cuomo signed State Assembly bill A07594, extending the expiration period of 2012 amendments to New York Labor Law §193, which had permitted employers to make deductions from...more

New York Expands Discrimination Protections Against Workplace Gender Bias

On October 21, 2015, New York Governor Andrew Cuomo signed into law a number of bills, which cumulatively expand protections against gender discrimination, sexual harassment, domestic violence, and human trafficking. This...more

New York State Department of Labor Publishes Revised Proposed Regulations Governing Use of Payroll Debit Cards

On October 28, 2015, the New York State Department of Labor (NYSDOL) published revised proposed regulations modifying its draft regulations (which were initially published on May 27, 2015) governing permissible methods of...more

Can a Prevailing Plaintiff Recover Expert Fees? The Second Circuit Says “No”

The Second Circuit Court of Appeals recently ruled that expert witness fees are not recoverable under the Fair Labor Standards Act (FLSA). In Gortat v. Capala Brothers, Inc., No. 14-3304-cv (July 29, 2015), the Second Circuit...more

New York City Moves to “Ban the Box” on Criminal Background Checks in Job Applications

On June 10, 2015, the New York City Council passed the Fair Chance Act (Intro No. 318-A, 2014) by a vote of 45-to-5. The legislation prevents employers from inquiring about job applicants’ criminal arrests and convictions...more

Second Circuit Critical of DOL Test in Pending Unpaid Intern Cases

Glatt et al. v. Fox Searchlight Pictures Inc., No. 13-4478 (2d Cir.) and Wang et al. v. The Hearst Corp., No. 13-4480, (2d Cir.): On January 30, 2015, the Second Circuit Court of Appeals held oral arguments in two closely...more

The New York City Department of Consumer Affairs Provides Guidance Regarding the Earned Sick Time Act

As we reported in the June 2013 issue and March 2014 issue of the New York eAuthority, the New York City Earned Sick Time Act became effective on April 1, 2014. The Act requires businesses with five or more employees to...more

Reminder: NYC Employers Must Provide Pregnancy Accommodation Notices To All Employees by May 30, 2014

As we reported in our September 2013 eAuthority, the New York City Council amended the New York City Human Rights Law, effective January 30, 2014, to expand employee accommodation protection on the basis of pregnancy,...more

Nation’s Largest Background Check Agencies Will No Longer Automatically Disqualify New York Job Applicants Based On Criminal...

On March 13, 2014, New York State Attorney General Eric Schneiderman announced agreements with four of the nation’s largest background check agencies whereby they will not, on behalf of their clients, issue automatic...more

Privilege Does Not Cover Communications With Outside Counsel Relating To Business-Related Advice, E.D.N.Y. Holds

Koumoulis v. Independent Financial Marketing Group, Inc., No. 10-CV-0887 (E.D.N.Y Jan. 21, 2014): A federal district court judge narrowly applied the attorney-client privilege and work-product doctrine by granting the...more

New York Partners With The U.S. Department Of Labor To Combat Worker Misclassification

On November 18, 2013, New York State announced that it is teaming with the U.S. Department of Labor (U.S. DOL) to protect employees against misclassification as independent contractors or other nonemployee statuses. Officials...more

New York Court Declines To Find Extraterritorial Reach Of Dodd-Frank Whistleblower Protection

Liu v. Siemens A.G., No. 13-CV-317(WHP) (S.D.N.Y. Oct. 21, 2013) (Pauley, J.): Judge William H. Pauley III dismissed a retaliation claim under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank)...more

New York County Lawyers’ Association Issues Ethics Opinion Restricting Attorneys From Claiming Dodd-Frank Bounties

One of the more well-publicized parts of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) is a whistleblower program that provides bounty payments to individuals who voluntarily provide...more

New York State Court Strikes Down Prevailing Wage Law For New York City Contractors

Mayor of the City of New York v. New York City Council, No. 451369/2012 (N.Y. Sup. Ct., N.Y. Cty. Aug. 5, 2013): In a decision that pitted the Bloomberg administration against the New York City Council, a New York state court...more

9/1/2013  /  Prevailing Wages , Wages

Post-Sandy Reconstruction: What Contractors Need to Know When Bidding for and Performing Work

As businesses in New York and New Jersey gear up for Superstorm Sandy reconstruction work, they should be keenly aware of the federal wage mandates known as the Davis-Bacon and Related Acts and state wage mandates known as...more

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