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
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
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
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
10/30/2015
/ Anti-Pay Secrecy ,
Discrimination ,
Equal Pay ,
Executive Orders ,
Gender Identity ,
Governor Cuomo ,
Human Rights ,
Legislative Agendas ,
New Legislation ,
NYCHRL ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Sexual Harassment ,
Title VII ,
Transgender
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
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
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
6/15/2015
/ Background Checks ,
Ban the Box ,
City Councils ,
Commission on Human Rights ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employment Application ,
Employment Discrimination ,
Employment Policies ,
Fair Chance Act ,
Faragher/Ellerth defense ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Job Offers ,
New Legislation
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
2/27/2015
/ Class Action ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Entertainment Industry ,
Fair Labor Standards Act (FLSA) ,
Film Industry ,
Fox Searchlight Pictures ,
Hearst ,
Oral Argument ,
Unpaid Interns ,
Wage and Hour
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
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
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
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
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
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
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
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
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