The New York State Paid Sick Leave law (“NYSPSL”) and the amendments to the New York City Paid Safe and Sick Leave law (“ESSTA”) expanding employees’ paid sick leave entitlements will go into full effect on January 1, 2021....more
1/5/2021
/ Coronavirus/COVID-19 ,
Eligibility Determination ,
Employees ,
Employer Liability Issues ,
Governor Cuomo ,
Leave of Absence ,
Paid Sick Leave ,
Proposed Regulation ,
Sick Leave ,
State and Local Government ,
State Legislatures
On November 11, 2020, Governor Cuomo signed an amendment (the “Amendment”) to the New York State Worker Adjustment and Retraining Notification Act (“NY-WARN Act”). The Amendment significantly expands the governmental entities...more
As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions...more
10/27/2020
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Eligibility Determination ,
Employees ,
Employer Liability Issues ,
Governor Cuomo ,
New Guidance ,
Paid Leave ,
Sick Leave ,
State and Local Government ,
State Legislatures ,
Telecommuting ,
Wages
As we previously reported, among the sweeping pieces of legislation signed in the midst of the COVID-19 pandemic was New York State’s permanent sick leave law (“NYSPSL”). Under NYSPSL, all New York State employers are...more
On September 22, 2020, the United States Department of Labor (DOL) released a long-awaited proposed rule (the “Proposed Rule”) providing guidance for determining employee versus independent contractor status under the Fair...more
As we move into the second quarter of 2020, governments around the country are analyzing how to best open up their economies. Part of this will include people returning to work, restaurants, retail establishments, and other...more
On April 3, 2020, Governor Cuomo passed Assembly Bill A9506B, which will grant most New Yorkers paid sick leave annually, building on temporary requirements the state adopted in response to the coronavirus pandemic. The paid...more
On June 26, 2019, Southern District of New York Judge Denise Cote granted a motion to compel arbitration of a plaintiff’s sexual harassment claims finding that the New York State prohibition on mandatory arbitration of sexual...more
On March 7, 2019, the United States Department of Labor (“USDOL”) issued its long-awaited proposed rule that would increase the minimum salary threshold to qualify for exemption from the overtime provisions of the Fair Labor...more
3/11/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
Equal pay for equal work is a bedrock concept that no reasonable person would dispute as being professionally and morally appropriate. Yet, it is an ideal that is far from ubiquitous in the workplace. As an understated, but...more
Employers often seek background information about applicants and employees as part of standard due diligence during the hiring process or in connection with other employment decisions. The Fair Credit Reporting Act serves as...more
The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more
4/11/2017
/ Apprenticeships ,
Chipotle Grill ,
Class Action ,
Class Certification ,
Collective Actions ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fast-Food Industry ,
Job Duties ,
Misclassification ,
Restaurant Industry ,
Unpaid Overtime ,
Wage and Hour
In Fiscal Year 2015, the Patent Trial and Appeal Board (“PTAB”) instituted inter partes reviews (“IPR”) on approximately 68% of petitions filed. Overcoming these odds, the PTAB recently instituted 17 out of 17 IPRs filed by...more
On July 9, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Torres et al. v. Gristedes Operating Corp. et al., Case No. 11-4035, affirming the Southern District of New York’s imposition of...more
On May 29, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Cuevas v. Citizens Financial Group, Inc. and RBS Citizens, N.A., Case No. 12-2832, reversing the Eastern District of New York’s...more