On September 6, 2023, New York Governor Kathy Hochul signed a law that prohibits employers from requiring employees to attend employer-sponsored meetings the “primary purpose” of which is to communicate the employer’s...more
On September 6, 2021, New York Governor Kathy Hochul announced that COVID-19 has been designated as a highly contagious communicable disease that presents a serious risk of harm to the public health under New York State’s...more
9/10/2021
/ Amended Legislation ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
New York ,
NYDOL ,
Occupational Exposure ,
Safety Standards ,
State and Local Government ,
Workplace Safety
As we previously reported, on May 5, 2021, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“HERO Act” or the “Act”) into law. On July 6, 2021 the New York State Department of Labor (“NYSDOL”)...more
This week, both houses of the New York state legislature passed a package of amendments (the “Amendments”) to the New York Health and Essential Rights Act (“HERO Act” or the “Act”) designed to clarify, modify, and delay...more
6/15/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
New Amendments ,
New Legislation ,
New York ,
State Legislatures ,
Workplace Safety
On April 23, 2021, the New York state legislature delivered a copy of the Health and Essential Rights Act (the “HERO Act” or the “Act”) to Governor Andrew Cuomo for signature. The legislation was created as a response to...more
4/27/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Masks ,
New Legislation ,
New York ,
NYDOL ,
Screening Procedures ,
Social Distancing ,
State and Local Government ,
Workplace Safety
On September 28, 2020, Mayor Bill de Blasio signed a bill into law significantly amending the New York City Earned Sick and Safe Time Act (“ESSTA”) in order to better align with New York State’s new paid sick leave law (the...more
As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting...more
9/22/2020
/ Consent ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Eligibility ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Health Care Providers ,
Healthcare Workers ,
Intermittent Leave ,
Paid Leave
On August 3, 2020, U.S. District Judge J. Paul Oetken issued a decision in State of New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 (S.D.N.Y. Aug. 3, 2020), which vacated several portions of the Department of...more
On March 18, 2020, Governor Cuomo signed an Executive Order (the “March 18 Order”) requiring all “non-essential” New York businesses to reduce their in-person workforce at any work location by 50%. On March 19, 2020,...more
3/23/2020
/ Business Closures ,
Business Interruption ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Essential Functions ,
Executive Orders ,
Governor Cuomo ,
Healthcare ,
Manufacturers ,
Operators of Essential Services ,
Retailers
On December 6, 2019, the Second Circuit issued a decision that will have a strong impact on the settlement of wage and hour actions under the Fair Labor Standards Act (FLSA). In Yu v. Hasaki Restaurant, Inc., the U.S. Court...more
On August 12, 2019, Governor Andrew Cuomo signed into law S.6577, a bill implementing a series of sweeping changes to the New York State Human Rights Law (“NYSHRL”). As we previously reported, S.6577 provides for a number of...more
8/29/2019
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Policies ,
Faragher/Ellerth defense ,
Federal Arbitration Act ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
On March 27, 2019, the U.S. House of Representatives voted to pass the Paycheck Fairness Act, an act designed to amend and strengthen the existing federal Equal Pay Act (“EPA”), 29 U.S.C. § 206(d). The Paycheck Fairness Act,...more
3/29/2019
/ Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Pending Legislation ,
Proposed Legislation ,
Salary/Wage History ,
Wage and Hour
Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including:
Where We've Been and Where We're Going: Key legislative developments and leading court...more
On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more
7/28/2015
/ Appeals ,
Class Action ,
Class Certification ,
Classification ,
Collective Actions ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Fox Searchlight Pictures ,
FRCP 23 ,
Hearst ,
Multi-Factor Test ,
Primary Beneficiary Test ,
Unpaid Interns ,
Wage and Hour
Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including:
- Leading Court Decisions and Key Legislative Developments in 2015
- Psychological Disabilities...more
5/4/2015
/ Arbitration ,
Continuing Legal Education ,
Disability ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Events ,
Hiring & Firing ,
Mediation ,
Misclassification ,
NLRB ,
Reasonable Accommodation ,
Whistleblowers
Beginning on April 14, 2015, the National Labor Relations Board’s (“NLRB” or the “Board”) new representation case procedural rules will be applied to all representation petitions filed thereafter....more
On Monday, December 16th, the New Jersey Assembly Labor Committee advanced the Opportunity to Compete Act, a new bill that would prohibit New Jersey employers from inquiring about criminal history on a job application or...more
In Lundy v. Catholic Health System of Long Island Inc., No. 12-1453 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals, resolving what had previously been an unsettled issue in the Circuit, held that the Fair Labor...more
In February, two New York Federal District Court decisions joined other recent federal cases in enforcing arbitration agreements that preclude employees from bringing their Fair Labor Standards Act (“FLSA”) claims on a...more
3/11/2013
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Collective Action Waivers ,
D.R. Horton ,
D.R. Horton v NLRB ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
JPMorgan Chase ,
NLRA ,
NLRB
On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the...more