In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of...more
6/22/2022
/ Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Labor Laws ,
Hiring & Firing ,
Infectious Diseases ,
Labor Law Violations ,
Layoff Notices ,
Layoffs ,
Natural Disasters ,
Notice Requirements ,
Public Health Emergency ,
WARN Act
Sixteen months ago, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which radically expands employers’ advance notice and severance pay obligations under the Millville Dallas Airmotive Plant Job Loss...more
Executive Summary -
The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19...more
Workforce reductions, whether in the form of hours reductions, furloughs, or layoffs, are often a last resort for employers experiencing financial pressures. Nevertheless, when these actions are necessary, time typically is...more
On November 11, 2020, Governor Andrew Cuomo signed into law Assembly Bill A10674a. The legislation, which took effect immediately, amended the New York Worker Adjustment and Retraining Notification (WARN) Act by substantially...more
11/12/2020
/ Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
New Legislation ,
Notice Requirements ,
Regulatory Standards ,
State and Local Government ,
State Labor Laws ,
WARN Act
Introduction -
Prior Workplace Policy Institute (WPI) Labor Day Reports focused on key employment developments and trends to provide employers with insight on the state of work and what to expect in the coming year....more
9/8/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
Infectious Diseases ,
Job Creation ,
Labor Regulations ,
On-Demand Services ,
Regulatory Agenda ,
Remote Working ,
Telecommuting ,
Unemployment ,
Wage and Hour ,
Workplace Safety
Dear Littler: At the start of the pandemic, our company—like countless others—had to furlough a number of our employees. We thought we’d be able to fully resume operations by the summer. Unfortunately, COVID-19 is still...more
Over the weekend, the Department of Labor published Frequently Asked Questions (FAQs) addressing COVID-19 issues under the federal Worker Adjustment and Retraining Notification Act (WARN). The FAQs break little new legal...more
Enacted as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, the federal Paycheck Protection Program (PPP) provides forgivable loans to businesses with 500 or fewer employees that have been adversely...more
New Jersey employers contemplating reductions in force can breathe a little easier, at least for a time....more
Reducing your New Jersey workforce just became more expensive.
On January 21, 2020, Governor Phil Murphy signed into law Senate Bill 3170. This bill radically expands employers’ advance notice and severance pay obligations...more
1/22/2020
/ Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
New Legislation ,
Notice Requirements ,
Risk Mitigation ,
State and Local Government ,
State Labor Laws ,
WARN Act
Since October 24, 2019, blind and vision-impaired individuals have filed more than ninety lawsuits claiming that the public accommodations provisions of the Americans with Disabilities Act (Title III) and its state and local...more
As a result of a new appellate court decision, New York employers may now face liquidated damages for failing to pay employees as frequently as required by the New York Labor Law. ...more
9/12/2019
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Labor Regulations ,
Liquidated Damages ,
NYDOL ,
Payment Schedules ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour
Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
7/12/2019
/ #MeToo ,
Antitrust Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Healthcare Workers ,
Hiring & Firing ,
Home Health Care ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Over-Time ,
Rest and Meal Break ,
Section 7 ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
White-Collar Exemptions ,
Workplace Safety
As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more
6/29/2017
/ Ban the Box ,
Child Support ,
Corporate Counsel ,
Criminal Background Checks ,
Drug Testing ,
Gender Discrimination ,
LGBTQ ,
Medical Marijuana ,
Minimum Wage ,
National Guard ,
Paid Family Leave Law ,
Popular ,
Preemption ,
Pregnancy Discrimination ,
Retirement Plan ,
Service Animals ,
Sick Leave ,
Social Media Policy ,
State Labor Laws ,
Transgender ,
Wage and Hour ,
Wage Garnishment
On May 24, 2017, the New York City Council passed five bills – collectively called the “Fair Workplace” legislative package – four of which significantly restrict the ability of fast food and retail employers to schedule...more
Last year, New York Governor Andrew Cuomo signed the New York Paid Family Leave Benefits Law (“PFLBL”). This law will provide eligible employees up to 12 weeks of paid family leave, to be funded through a payroll tax on...more
The New York State Department of Labor (NYSDOL) has adopted the proposed amendments to its Wage Orders – ending weeks of speculation about whether and when increases in the minimum salaries for employees to be exempt from...more
12/30/2016
/ Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Meal and Entertainment Expenditures ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Restaurant Industry ,
Wage and Hour ,
Wage Theft Prevention Act ,
White-Collar Exemptions
On October 19, 2016, the New York State Department of Labor (“NYSDOL”) published proposed new Wage Orders which, if enacted, will ultimately increase the salary requirements for exempt employees in New York State beyond even...more
11/2/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Proposed Amendments ,
Uniforms ,
Wage and Hour ,
Wages ,
White-Collar Exemptions
On June 15, 2016, the New York State Department of Labor (“NYSDOL”) published a proposed rule governing the permissible methods for an employer in New York to pay wages to employees. The most radical change is that all...more
New York Governor Andrew Cuomo executed sweeping legislation on April 4, 2016, that will gradually raise the minimum wage in New York to $15 an hour and provide a phased-in system of paid family leave benefits providing...more
Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
4/12/2016
/ Antitrust Provisions ,
Ban the Box ,
Corporate Restructuring ,
Discrimination ,
False Claims Act (FCA) ,
Federal Contractors ,
Harassment ,
Health Care Providers ,
Hiring & Firing ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
Workplace Safety
After a delay of nearly six months, on December 29, 2014, New York Governor Andrew Cuomo signed into a law a bill (A 8106-C, S5885-B) that amends the state's Labor Law, including the Wage Theft Prevention Act (the WTPA), and...more
1/2/2015
/ Amended Legislation ,
Annual Notices ,
Construction Industry ,
Contractors ,
Employer Mandates ,
Governor Cuomo ,
Limited Liability Company (LLC) ,
Notice Requirements ,
Personal Liability ,
Successors ,
Wage Theft Prevention Act
The New York Department of Labor (NYDOL) issued final regulations, effective October 9, 2013, which explain how and when employers may make deductions for wage overpayments due to mathematical or clerical errors and for...more
Last year, Governor Cuomo signed into law new legislation, effective November 2012, which amended New York Labor Law section 193 to permit employers to make deductions for wage overpayments due to mathematical or clerical...more