Aaron Warshaw

Aaron Warshaw

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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New Legislation Promises More Investigations by the New York City Commission on Human Rights

On April 20, 2015, New York City Mayor Bill de Blasio signed two new bills into law that authorize the New York City Commission on Human Rights to increase the number of employment discrimination investigations. ...more

5/1/2015 - Discrimination Enforcement Hiring & Firing Human Rights Local Ordinance Municipalities New Legislation NYCHRL

New York Department of Labor Increases Minimum Tipped Wages

On February 24, 2015, the Acting Commissioner of the New York State Department of Labor adopted the recommendations set forth by the three-member New York State Department of Labor Wage Board affecting tipped workers in the...more

2/27/2015 - Employer Mandates Hospitality Industry Minimum Wage Tipped Employees Wage and Hour

A Late Holiday Present from Governor Cuomo: Annual New York Wage Theft Prevention Act Notices Are Not Required Beginning in 2015

As we covered in the June 2014 issue of the New York eAuthority, the New York legislature adopted a bill that eliminates the annual notice requirement under the New York Wage Theft Prevention Act. At that time, it was...more

1/2/2015 - Andrew Cuomo Annual Notices Notice Requirements Wage Theft Prevention Act

Reminder: New York’s Minimum Wage Is Increasing to $8.75 Per Hour on December 31, 2014

Effective December 31, 2014, New York State’s minimum wage will increase from $8.00 to $8.75 per hour. The overtime rate for hourly employees earning the minimum wage will increase to $13.13 per hour. In addition, the minimum...more

1/2/2015 - Employer Mandates Minimum Wage New Legislation

New York’s Voting Leave Law and Posting Requirements for the Mid-Term Election

Federal midterm and statewide elections are scheduled in New York State on Tuesday, November 4, 2014. As such, employers must ensure that they comply with New York’s voting leave law. Under N.Y. Election Law § 3-110(1),...more

11/3/2014 - Compliance Employee Rights Posting Requirements Voting Leave

New York City Expands Living Wage Law For City Contractors

On September 30, 2014, New York City Mayor Bill de Blasio signed Executive Order No. 7, “Living Wage For City Economic Development Projects,” which raises the city’s “living wage” (i.e., minimum wage) for certain employers...more

10/7/2014 - Contractors Employee Rights Minimum Wage Wage and Hour Wages

New York Legislature Passes Medical Marihuana Law

Subject to signature by Governor Andrew Cuomo, New York is set to become the twenty-third state to legalize medical marihuana. Importantly, the New York legislation is limited to non-smokable forms of marihuana. ...more

7/1/2014 - Disability Medical Marijuana

Rochester, New York Adopts “Ban the Box” Criminal Background Check Law

Effective November 18, 2014, the City of Rochester, New York will join various states and municipalities around the country—including Buffalo, New York—that prohibit employers from inquiring about a job applicant’s prior...more

7/1/2014 - Ban the Box Criminal Background Checks Employer Liability Issues Employment Application Hiring & Firing Job Applicants New Legislation

New York Legislature Repeals Annual Wage Theft Prevention Act Requirement

During the flurry of activity in Albany prior to lawmakers’ summer hiatus, the New York State legislature approved a bill that will eliminate the onerous requirement of providing annual wage notices to all employees. As New...more

7/1/2014 - Employer Liability Issues Legislative Agendas Notice Requirements Repeal Wage and Hour Wage Theft Prevention Act

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

5/30/2014 - Employee Rights NYCHRL Pregnancy Reasonable Accommodation

New York Bankruptcy Court Strikes Defenses To Federal And State WARN Acts

In re: Dewey & LeBoeuf LLP, No. 12-12321 (MG) (S.D.N.Y. Bankr., April 10, 2014): As part of the bankruptcy proceedings involving Dewey & LeBoeuf LLP, the U.S. Bankruptcy Court for the Southern District of New York struck...more

5/1/2014 - Commercial Bankruptcy Dewey & LeBoeuf Hiring & Firing WARN Act

New York City Mayor Bill De Blasio Unveils His First State Of The City Address And Budget

On February 10, 2014, New York City Mayor Bill de Blasio gave his first State of the City address and, shortly thereafter, presented his first budget for consideration by the New York City Council. Although there were few...more

2/28/2014 - Employee Rights Municipalities Prevailing Wages Sick Leave

New York City’s New Administration Announces Proposed Changes To Impending Sick Leave Act

As we covered in our June 2013 and December 2013 issues, New York City’s Earned Sick Time Act becomes effective on April 1, 2014. Yet, having barely been sworn into office, New York City Mayor Bill de Blasio and Council...more

1/31/2014 - Compliance Employee Rights Sick Leave

Reminder: New York Wage Theft Prevention Act Requires Annual Notices To All Employees Between January 1, 2014 And February 1, 2014...

The New York Wage Theft Prevention Act requires employers to provide annual wage notices to all employees no later than February 1, 2014. The notice must include the following...more

12/31/2013 - Notice Requirements Wage and Hour Wage Theft Prevention Act Wages

A Reminder About New York’s Voting Leave Law And Posting Requirements For The Off-Year Election

Although only local elections are scheduled across New York State on Tuesday, November 5, 2013, employers must still ensure that they comply with New York’s voting leave law. Under N.Y. Election Law § 3-110(1), employers must...more

11/4/2013 - Election Laws

New York City And State Human Rights Laws Do Not Apply To Unpaid Interns

Wang v. Phoenix Satellite Television US, Inc., No. 13-CV-218(PKC) (S.D.N.Y. Oct. 3, 2013) (Castel, J.): As we recently covered in our firm blog, Judge P. Kevin Castel in the Southern District of New York recently dismissed an...more

11/4/2013 - Anti-Discrimination Policies Internships NYCHRL Unpaid Interns

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

11/4/2013 - Code of Conduct Dodd-Frank Legal Ethics Whistleblower Awards Whistleblowers

Can Unpaid Interns Sue For Sexual Harassment? New York Court Says No Under City Law

On October 3, 2013, the U.S. District Court for the Southern District of New York dismissed an unpaid intern’s hostile work environment, quid pro quo sexual harassment, and retaliation claims brought under the New York State...more

10/21/2013 - Harassment Hostile Environment Human Rights Internships Sexual Harassment Unpaid Interns

New York State Department Of Labor Guidelines For Permissible Wage Deductions Are Effective October 9, 2013

The New York State Department of Labor recently issued proposed regulations providing further guidance about the permissible scope of wage deductions. The amended statute, N.Y. Labor Law §193, became effective in November...more

10/10/2013 - Wage Deductions Wages

Second Circuit Dismisses Improper Deductions Class Action Suit Under CAFA And Holds That Liquidated Damages Under New York Labor...

Gold v. New York Life Insurance Co., No. 12-CV-2344 (2d Cir. Sept. 18, 2013) (Parker, J.): The plaintiff brought suit on behalf of himself and others alleging that he was improperly classified as exempt from the New York...more

10/1/2013 - CAFA Class Action Dismissals Home State Exception Liquidated Damages Misclassification Wage and Hour

New York City Council Expands Protection Against Pregnancy Discrimination

On September 24, 2013, the New York City Council unanimously passed an amendment to the New York City Human Rights Law (NYCHRL) that expands prohibited discrimination in employment based on pregnancy, childbirth, or a related...more

10/1/2013 - CAFA Class Action Class Certification Discrimination FLSA Gender Discrimination Liquidated Damages Local Ordinance Minimum Wage Misclassification Municipalities NYCHRL Over-Time Pregnancy Discrimination Reasonable Accommodation Title VII Unpaid Interns

NLRB Did Not Err In Categorically Barring NLRA Back Pay For Undocumented Workers, Second Circuit Holds

Palma v. NLRB, No. 12-1199 (2d Cir. July 10, 2013): Petitioners are undocumented aliens who were unlawfully discharged for engaging in protected activities under the National Labor Relations Act (NLRA). At a compliance...more

9/2/2013 - Back Pay Hiring & Firing Immigration Reform NLRA NLRB Protected Activity Unlawful Aliens

Reminder: “Unemployment” Status Is A Protected Category Under New York City Human Rights Law Effective June 11, 2013

As we previously covered in the March 20, 2013 issue of the New York eAuthority, New York City now recognizes “unemployment” status as a protected class under the New York City Human Rights Law....more

7/2/2013 - Discrimination Hiring & Firing Job Applicants Local Ordinance Municipalities Unemployment Discrimination

New York Department Of Labor Issues Proposed Guidance For Permissible Wage Deductions

On May 22, 2013, the New York State Department of Labor published its long overdue proposed regulations interpreting New York’s permissible deductions from employee wages....more

7/1/2013 - Deductions DOL Proposed Regulation Wages

Southern District Continues Trend To Find Internship Programs Run Afoul Of Wage And Hour Laws

Glatt v. Fox Searchlight Pictures Inc., No. 11-CV-6784 (S.D.N.Y. June 11, 2013): In a further reminder about the risks of using unpaid interns, District Judge William Pauley III ruled that Fox Searchlight Pictures Inc....more

7/1/2013 - FLSA Fox Searchlight Pictures Minimum Wage Unpaid Interns Wage and Hour Wages

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