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New York State Bans Employers from Holding Mandatory “Captive Audience” Meetings

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

NY HERO Act Plans Must Be Activated as COVID-19 Designated a Highly Contagious Communicable Disease

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

New Health and Safety Obligations Established as NYSDOL Publishes Its Standard and Model Airborne Infectious Disease Exposure Plan...

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

NY HERO Act Requirements Significantly Modified as Amendments Pass New York Legislature

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

Governor to Consider Significant New Health and Safety Obligations as NY HERO Act Passes State Legislature

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

NYC Employers Take Note: Earned Sick and Safe Time Act Amendments Take Effect September 30, 2020

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

DOL Revises FFCRA Regulations in Light of New York Federal Court Decision

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

New York Federal Court Vacates Several Portions of DOL Regulations Regarding FFCRA 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

New York on Pause: Governor Cuomo Orders All Non-Essential Workers to Stay Home

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

Second Circuit Holds That FLSA Settlements Pursuant To An Offer of Judgment Do Not Need Court Approval

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

Update: Governor Cuomo Signs Significant Changes to New York Discrimination and Harassment Legislation Into Law – Employer...

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

Equal Pay Act Amendment Passes House of Representatives

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

[Event] Sheppard Mullin's Labor & Employment Year In Review - Nov. 19th, New York, NY

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

Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

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

[Event] Sheppard Mullin's Spring 2015 Labor & Employment Law Update - May 5, New York, NY

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

The NLRB’s Changes to Representation Case Procedures

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

New Jersey Looks to Limit Use of Criminal History in Hiring Decisions

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

Second Circuit Rules that the FLSA Does Not Apply to Claims for Gap-Time Pay

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

Eastern and Southern District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis

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

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

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

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