On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations...more
1/26/2024
/ Appropriations Bill ,
Asset Seizure ,
Coronavirus/COVID-19 ,
Disability Leave ,
Employee Benefits ,
Family and Medical Leave Act (FMLA) ,
Liquidated Damages ,
New York ,
NYDOL ,
Paid Leave ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
State Budgets
New York State has issued updates to the NY Paid Family Leave Law (“NYPFL”) for 2024. The updates increase the maximum weekly benefit available to employees, as well as reduce the overall contribution employees make toward...more
As previously reported, the New Jersey Temporary Workers’ Bill of Rights Law (the “Law”) took full effect on August 5, 2023. In light of this, the New Jersey Department of Labor & Workforce Development (the “Department”) has...more
On February 6, 2023, New Jersey Governor Phil Murphy signed the Temporary Workers’ Bill of Rights (A1474/S511) into law. The law only covers temporary laborers who are assigned to work by a temporary help service firm in a...more
On May 10, 2022, Delaware Governor John Carey signed into law a bill that will require private employers with ten or more employees in Delaware to provide up to 12 weeks of paid family and medical leave beginning in January...more
New York Governor Kathy Hochul has signed into law a bill that will require certain private employers in the state to automatically enroll their employees in a state-administered retirement savings plan if the employer does...more
As previously announced, the New York City Council has introduced an expansive package of COVID-19 bills that, among other things, propose sweeping protections for “essential” workers. The significance of this proposed...more
5/1/2020
/ At-Will Employment ,
City Councils ,
Employee Benefits ,
Employee Retention ,
Employee Rights ,
Hiring & Firing ,
Operators of Essential Services ,
Premium Pay ,
Proposed Legislation ,
Safe Leave ,
Sick Leave ,
Wage and Hour
The San Antonio, Texas City Council has approved revisions to the city’s sick and safe leave ordinance, which is now scheduled take effect on December 1, 2019. ...more
The U.S. Department of Labor Wage and Hour Division is proposing revisions to its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (FMLA). Employers may, but are not...more
Oregon is the latest state to enact a paid family and medical leave law. The law, which will cover all employers with one or more employees working in Oregon, establishes a state-managed insurance program with employers and...more
7/24/2019
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Contributions ,
Employer Contributions ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws
Under the Act, beginning in early 2022, employees will be eligible to receive partial pay benefits during leave taken under the existing Connecticut Family and Medical Leave Act (“CFMLA”). Covered reasons for leave under the...more
Maine’s Governor Janet Mills has signed into law an Act Authorizing Earned Employee Leave (the “Act”), which will require covered employers to provide employees with up to 40 hours of paid personal leave per calendar year....more
5/30/2019
/ Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employer Liability Issues ,
Exceptions ,
Governor Mills ,
Labor Law Violations ,
New Legislation ,
Paid Leave ,
Paid Time Off (PTO) ,
Penalties ,
State Labor Laws
The New York City Council is considering a bill that would expand the NYC Earned Safe and Sick Time Act (ESSTA) to provide eligible employees with “personal time” that could be used for any reason. The bill would also expand...more
5/29/2019
/ Accrual Requirements ,
City Councils ,
Earned Sick Time ,
Employee Benefits ,
Employer Liability Issues ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Proposed Legislation ,
Safe Leave ,
Sick Leave ,
Sick Pay
New Jersey will soon become the first state to require certain employers to offer employees tax-favored transportation benefits.
S.B. 1567, also known as An Act Concerning Pre-Tax Transportation Fringe Benefits (the...more
The New York City Commission on Human Rights (the “Commission”) has issued a Notice of Public Hearing and Opportunity to Comment on proposed rules to establish certain definitions and clarify the scope of protections against...more
8/14/2018
/ Employee Benefits ,
Employee Restrooms ,
Gender Discrimination ,
Gender Expression ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Local Ordinance ,
Notice and Comment ,
NYCCHR ,
NYCHRL ,
Public Comment ,
Public Hearing ,
Transgender
New York City Mayor Bill de Blasio has signed into law an amendment to the NYC Earned Sick Time Act expanding the covered reasons for leave under the law, as well as broadening the definition of a covered family member for...more
The New York City Council has passed a bill that would amend the NYC Earned Sick Time Act (“ESTA”) to expand the covered reasons for leave to include situations where an employee or an employee’s family member is a victim of...more
Editor's Overview - As we have observed on other occasions, the ERISA class action plaintiffs' bar has, for several years now, honed in on 401(k) plan fiduciaries and their decisions to select and retain investment options...more
10/4/2017
/ 401k ,
403(b) Plans ,
AARP ,
Affordable Care Act ,
Breach of Duty ,
Class Action ,
Delays ,
Department of Labor (DOL) ,
Disability Benefits ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Excessive Fees ,
Executive Orders ,
Federal Rules of Civil Procedure ,
Fiduciary Duty ,
Fiduciary Rule ,
Form 5500 ,
GINA ,
Hardship Distributions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Reform ,
Hurricane Harvey ,
Individual Retirement Account (IRA) ,
Investors ,
IRS ,
Motion to Dismiss ,
OMB ,
PBGC ,
Pensions ,
Preventive Health Care ,
Principal Transaction Exemption ,
Retirement Plan ,
Self-Dealing ,
Twombly/Iqbal Pleading Standard ,
Universities ,
Wellness Programs
The New York State Department of Taxation and Finance has issued official guidance on several taxability issues relating to the New York Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018. Among other...more
The New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”). The final regulations are effectively immediately....more
7/22/2017
/ Disability Leave ,
Eligibility ,
Employee Benefits ,
Employee Contributions ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Local Ordinance ,
Look-Back Measurement Period ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
State Labor Laws
On July 5, 2017, Washington became the latest state to enact a paid family and medical leave law, with benefits to go into effect beginning on January 1, 2020....more
Editor’s Overview -
In 2016, we saw a considerable uptick in the number and variety of excessive fee lawsuits commenced against plan fiduciaries of defined contribution plans. We begin the year by taking a look at these...more
1/31/2017
/ 401k ,
403(b) Plans ,
AARP ,
Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Collective Bargaining ,
Defined Contribution Plans ,
Dismissals ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Excessive Fees ,
Fiduciary Duty ,
Financial Adviser ,
GINA ,
Investment Funds ,
Irreparable Harm ,
Lifetime Health Benefits ,
Preliminary Injunctions ,
Reservation of Rights ,
Retirement ,
Retirement Plan ,
Revenue Sharing ,
Self-Dealing ,
Unions ,
Vesting ,
Wellness Programs
The U.S. District Court for the District of Columbia (Judge Bates) has denied AARP’s request to block the implementation of the EEOC’s final wellness regulations pending a decision on the merits. As we have discussed...more
1/3/2017
/ AARP ,
Americans with Disabilities Act (ADA) ,
Discrimination ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance ,
Healthcare ,
Incentives ,
Preliminary Injunctions ,
Wellness Programs
This month Richard Zall, Chair of Proskauer's Health Care Department, explores developments likely to occur with respect to the Affordable Care Act as a result of the new administration. In our Rulings, Filings and...more
12/21/2016
/ 21st Century Cures Act ,
Affordable Care Act ,
CEOs ,
CMMI ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Fiduciary Rule ,
Flexible Spending Accounts ,
Food and Drug Administration (FDA) ,
Health Insurance ,
Health Insurance Exchanges ,
Health Savings Accounts ,
Individual Mandate ,
Local Ordinance ,
Medicaid ,
Medical Devices ,
Medicare ,
Medicare Advantage ,
Pay Ratio ,
Pay Ratio Tax ,
Payroll Taxes ,
Pharmaceutical Industry ,
Preliminary Injunctions ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs) ,
Repeal ,
Subsidies ,
Tax Credits ,
Trump Administration
This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more
12/1/2016
/ AARP ,
Administrative Procedure Act ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Best Interest Contract Exemptions ,
Budget Recollection Legislation ,
Class Action ,
Department of Labor (DOL) ,
Dismissals ,
Due Process ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Fiduciary Rule ,
Filing Deadlines ,
GINA ,
Investment Adviser ,
IRS ,
National Association for Fixed Annuities (NAFA) ,
Preemption ,
Preliminary Injunctions ,
Presidential Elections ,
Repeal ,
Retirement Plan ,
Reversal ,
Securities Litigation ,
Shareholder Litigation ,
Slayer Statutes ,
Summary Judgment ,
Trump Administration ,
Wellness Programs