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Fifth Circuit Rules that COVID-19 Pandemic Did Not Trigger the “Natural Disaster” Exception to WARN Notice Requirements

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

Radical Expansion of New Jersey WARN Act Nears

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

Inaugural Report of Littler’s Global Workplace Transformation Initiative

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 and Statistics: A Primer and Recommendations

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

Warning to New York Employers: The NY WARN Act Now Requires WARN Notices be Sent to Additional Governmental Recipients

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

WPI Labor Day Report 2020

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

Dear Littler: What Do We Do If We Cannot Bring Our Employees Back From Furlough?

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

DOL Issues COVID-19 WARN Act Guidance

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

WARN Act Risks Loom for Employers Re-Hiring or Un-Furloughing Employees to Receive Paycheck Protection Program Funding

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 WARN Act Radically Expanded

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

New Class Action Suits Claim Stores Must Supply Gifts Cards With Braille

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

Employers May Face New Challenges and Liabilities for Violating New York’s Frequency of Pay Law

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

Labor and Employment Issues Facing the Healthcare Industry

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

July Is the New January: Beware of Employment Regulations About to Take Effect

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

New York City Enacts Laws Limiting Employers' Flexibility To Staff Employees

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

New York Proposes Regulations on New Paid Family Leave Law

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

New York State Has Adopted Amendments to Existing Minimum Wage Orders

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

Proposed Amendment to New York State Wage Orders Set To Substantially Raise Salary Requirements For Exempt Employees

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

Proposed Rule Would Radically Alter Use of Direct Deposit and Paycards in New York

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

Understanding New York's New Paid Family Leave Law

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

Labor & Employment Issues Facing the Healthcare Industry

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

Key Changes to New York's Wage Theft Prevention Act Become Law

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

New York Employers Are Now Safe to Make Wage Deductions: NYDOL Issues Final Wage Deduction Regulations

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

Proposed Regulations Clarify New York Employers’ Wage Deduction Rights

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

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