In a follow-up to our previous client alerts on the U.S. Department of Labor (DOL) issuing a new overtime exemption rule and legal challenges to the new rule, a three-judge panel on the Fifth Circuit found that the DOL was...more
9/13/2024
/ Administrative Authority ,
Biden Administration ,
Department of Labor (DOL) ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
As previously reported, on April 23, the DOL issued a final rule updating and revising the regulations implementing the FLSA’s EAP exemption. The final rule makes three core changes...more
7/2/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Pending Litigation ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Over the weekend, the New York State Legislature passed the state budget for fiscal year 2025. The budget contains expanded access to paid leave for pregnant employees, including up to 20 hours of leave per year for pregnant...more
Just yesterday (April 23, 2024), the U.S. Department of Labor (DOL) finally announced its long-awaited final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and...more
President Joe Biden has signed off on the most recent government funding bill, which allocates $13.4 billion to the United States Department of Labor (DOL), including $260 million earmarked for the DOL’s Wage and Hour...more
As most employers are well aware, wage and hour claims continue to be one of the most expensive employment law risks. In 2022, the 10 largest reported settlements for wage and hour actions totaled $574 million....more
The New York City Department of Consumer and Worker Protection adopted new amended rules to the ESSTA. The amended rules, which just went into effect on Oct. 15, essentially codify the 2020 statutory amendments to the ESSTA...more
On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more
10/9/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Civil Rights Act ,
Comment Period ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
Hostile Environment ,
Pregnancy ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Vicarious Liability
The 2024 New York State budget, which was recently announced, includes a plan whereby the minimum wage will increase throughout the state, beginning on January 1, 2024 and continuing through 2026, as follows...more
The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that could have a significant impact on our New York-based clients. This alert highlights just some of...more
4/27/2023
/ Artificial Intelligence ,
At-Will Employment ,
Automation Systems ,
Earned Sick Time ,
EEO-1 ,
Employee Monitoring ,
Employment Discrimination ,
Hiring & Firing ,
Labor Law Violations ,
Lactation Accommodation ,
Local Ordinance ,
New Legislation ,
Pay Transparency ,
Proposed Legislation ,
Reporting Requirements ,
State Labor Laws ,
Statute of Limitations ,
Wrongful Termination
On April 11, 2023, the New York State Department of Labor, in collaboration with the New York State Division of Human Rights, released an updated model anti-sexual harassment policy and an updated model training....more
On March 15, 2023, the U.S. Department of Justice (DOJ or the Department) launched a three-year Compensation Incentives and Clawbacks Pilot Program (Clawback Program) intended to incentivize companies to create more robust...more
3/30/2023
/ Chief Compliance Officers ,
Clawbacks ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Executive Compensation ,
Incentives ,
Pilot Programs ,
Preemption ,
Section 10D ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
State Labor Laws ,
Wage and Hour
Since the recent NYC Pay Transparency law came into effect on November 1, companies now have new requirements to consider as it relates to their job postings. With several other states and cities having enacted similar laws...more
Employers should be aware that New York state has passed a law that requires employers to reference an established hotline in any material - including handbooks, policies and workplace postings - they post or provide to...more
New York employers must be aware of several important changes to employment laws that have already come into effect during 2022, those that have imminent effect (with deadlines just around the corner!), and those that are...more
While New York announced significant easing of COVID-19 restrictions in recent days and weeks, and while the Centers for Disease Control and Prevention appears to be loosening its COVID-19-related guidelines, the state...more
This article is a revised version of our March 18, 2021 publication. Really … another new paid leave requirement from New York? Yes indeed. On Friday, March 12, 2021, Governor Cuomo signed a new law amending New York’s Labor...more
Really … another new paid leave requirement from New York? Yes indeed. On Friday, March 12, 2021, Governor Cuomo signed a new law amending New York’s Labor Law and granting employees up to four hours of paid leave per...more
On September 28, 2020, New York City Mayor Bill de Blasio signed into law a bill (Intro. 2032-A (Cohen)) amending the New York City Earned Safe and Sick Time Act (ESSTA) to align it with the New York State Sick Leave Law...more
As a reminder, in follow-up to our Employment Law Spotlight Blog, effective September 30, 2020, New York state employers must provide New York state sick leave (NYSSL) to employees. Although the NYSSL law goes into effect...more
Employers and employees alike have had much confusion around proper compensation when nonexempt employees work remotely – particularly in today’s time when many employees are teleworking and working crazy schedules due to...more
On April 14, 2020, Gov. Phil Murphy signed legislation (S2374) to expand the New Jersey Family Leave Act (NJFLA). The basic idea behind it is to ensure that eligible employees who need to take time off to care for a family...more
Just weeks after New York state implemented an Emergency COVID-19 Paid Sick Leave Law, late last week, New York state passed a statewide paid sick leave (State PSL) law as part of its fiscal year 2020-2021 budget....more
Welcome to the winter edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
12/20/2019
/ Employee Definition ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Marijuana ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
Non-Exempt Employees ,
Over-Time ,
Parental Leave ,
Reproductive Discrimination ,
Section 7 ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Welcome to the fall edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
10/8/2019
/ Anti-Harassment Policies ,
Domestic Violence ,
Employee Training ,
Failure to Accommodate ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Medical Marijuana ,
Misclassification ,
NLRA ,
NLRB ,
Race Discrimination ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Theft