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Second Circuit Rejects Cumulative Liquidated Damages

On December 7, 2016, the U.S. Court of Appeals for the Second Circuit resolved a split among district courts within the circuit regarding whether liquidated damages may be awarded under both the Fair Labor Standards Act...more

New York State Department of Labor Implements New Salary Basis Thresholds for Exempt Employees

The New York State Department of Labor (“NYSDOL”) has adopted its previously proposed amendments to the state’s minimum wage orders to increase the salary basis threshold for executive and administrative employees...more

New York State Department of Labor Proposes New Salary Basis Thresholds for Exempt Employees

On October 19, 2016, the New York State Department of Labor (“NYSDOL”) announced proposed amendments to the state’s minimum wage orders (“Proposed Amendments”) to increase the salary basis threshold for executive and...more

New York State Will Provide Paid Family Leave and $15 Minimum Wage

On March 31, 2016, New York State’s governor and legislative leaders announced an agreement on the state’s budget for 2016-2017 (“Budget”). Governor Andrew Cuomo signed the bill enacting the Budget at a press conference...more

New York City Publishes Proposed Rules to Amend the Fair Chance Act

On February 16, 2016, the New York City Commission on Human Rights (“Commission”) published proposed rules (“Proposed Rules”) to the City’s Fair Chance Act (“Act”). The Act controls when New York City employers can inquire...more

Now That New York City’s Credit Check and “Ban the Box” Laws Are in Effect, How Do Employers Comply?

Two important New York City laws impacting the hiring process have recently taken effect, requiring immediate action by most City employers. The Fair Chance Act, New York City’s “ban the box” law (“Ban-the-Box Law”),...more

NYC Commission on Human Rights Issues Enforcement Guidance for Newly Effective Credit Check Law

On September 3, 2015, the amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting the use of credit checks in employment (“Credit Check Law”) became effective. On the same day, the New York City Commission on...more

U.S. Department of Labor Offers New Insight on the Misclassification of Independent Contractors

As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation...more

New York State Department of Labor Issues Proposed Rules for Payroll Debit Cards

The New York State Department of Labor (“NYSDOL”) recently announced that it had published proposed regulations (“Proposed Regulations”) governing employers’ use of payroll debit cards as a permissible method of wage payment....more

Second Circuit Adopts “Primary Beneficiary” Test to Determine Whether Interns Fall Outside the Statutory Definition of “Employee”

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit reversed a federal district court decision that had held that certain unpaid interns should have been classified and paid as employees under both the federal...more

7/8/2015

New York City Expected to Ban the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council passed an amendment (“Amendment”) to the New York City Human Rights Law (“NYCHRL”) that, if signed into law, would make it an unlawful discriminatory practice for employers to use...more

New York Wage Theft Prevention Act Update: Annual Notice Requirement Is Removed for 2015

On December 29, 2014, Governor Andrew Cuomo signed the long-awaited amendment (“Amendment”) to the Wage Theft Prevention Act (“WTPA” or “Act”) and a chapter memorandum. Notably, the Amendment and the chapter memorandum...more

Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of...more

Act Now Advisory: Changes to New York State's Unemployment Insurance Laws May Affect Employers' Severance Procedures and How...

In response to a federal mandate requiring states to restructure their unemployment insurance ("UI") laws to reduce government spending on UI benefits, New York State has amended its law in a way that may cause New York...more

Act Now Advisory: Nothing to Sneeze At: New York City Mayor Signs Earned Sick Time Act into Law, Effective April 1

On March 20, 2014, New York City Mayor Bill de Blasio signed his first bill into law as mayor, amending the Earned Sick Time Act ("ESTA"), which requires the City's private employers with five or more employees to provide...more

Act Now Advisory: New York City Council Expands Scope of Paid Sick Time Law

On February 26, 2014, the New York City Council ("City Council") voted to expand the City's paid sick leave law, the Earned Sick Time Act ("ESTA"). In a 46-to-5 vote, the City Council passed an amendment to the ESTA requiring...more

Act Now Advisory: January 2014 New Arrival: New York City's Reasonable Accommodation Law (and Accompanying Notice Requirements)...

As we previously reported (see the Act Now Advisory titled "New York City Human Rights Law Expanded to Require Employers to Reasonably Accommodate Pregnant Employees"), on October 2, 2013, former New York City Mayor Michael...more

Act Now Advisory: Reminder to New York Employers: Annual Wage Notices Must Be Distributed by February 1 and Minimum Wage Has...

New York employers should be aware that, effective December 31, 2013, the statewide minimum wage increased from $7.25 to $8.00 per hour. This is the first in a series of incremental changes that will see the hourly minimum...more

Act Now Advisory: New York State Department of Labor Adopts Wage Deduction Regulations

The New York State Department of Labor ("DOL") has adopted wage deduction regulations ("Final Regulations") pertaining to the expanded categories of permissible wage deductions in the New York Labor Law, effective October 9,...more

Act Now Advisory: New York City Human Rights Law Expanded to Require Employers to Reasonably Accommodate Pregnant Employees

On October 2, 2013, following a unanimous New York City Council vote, Mayor Michael Bloomberg signed a bill amending the New York City Human Rights Law ("NYCHRL") to require most New York City employers to reasonably...more

Act Now Advisory: FMLA Update: Protected Leave Available to Same-Sex Spouses

The U.S. Department of Labor ("DOL") announced that, as of August 9, 2013, it had updated guidance documents to remove references to the Defense of Marriage Act ("DOMA") in order to affirm the availability of spousal leave...more

Act Now Advisory: New York State Releases Proposed Wage Deduction Regulations

The New York State Department of Labor ("DOL") recently published its long-awaited proposed regulations ("Proposed Regulations") pertaining to the newly expanded categories of permissible wage deductions pursuant to the New...more

Act Now Advisory: New York City Human Rights Law Amended to Prohibit Discrimination Based on Unemployment Status

As we previously advised in the April 2013 issue of Epstein Becker Green’s Take 5 Newsletter, on June 11, 2013, over Mayor Michael Bloomberg’s veto, an amendment to the New York City Human Rights Law (“NYCHRL”) becomes...more

Act Now Advisory: New York City Paid Sick Time Law Will Likely Become Effective

On May 8, 2013, the New York City Council approved a legislative amendment that would create a statutory entitlement to sick time for employees working in New York City. The amendment, entitled the "Earned Sick Time Act"...more

Act Now Advisory: FMLA UPDATE: Expanded Leave for Military Families and Airline Flight Crews

On March 8, 2013, the U.S. Department of Labor’s (“DOL”) Final Rule will go into effect, implementing regulations expanding Family and Medical Leave Act (“FMLA”) protections to military families and airline flight crews,...more

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