Mark Goldstein

Mark Goldstein

Reed Smith

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NYC Passes Bill Targeting Grocery Industry

The New York City Council’s targeted attacks on specific industries continue unabated. After levying onerous new labor law requirements on car washes this past summer, the Council recently turned its attention to the grocery...more

2/5/2016 - Change in Control City Councils Collective Bargaining Agreements (CBA) Grocery Store Workers Hiring & Firing New Legislation Successors Unions

Ending the Year With A Bang: NYC Bans “Caregiver” Discrimination and Issues Sweeping Gender Identity/Expression Discrimination...

So much for a quiet year-end for New York City employers. In the final weeks of 2015, NYC government officials took two actions that will have a significant impact on the city’s business community, first passing a bill...more

12/28/2015 - Anti-Discrimination Policies Caregivers Dress Codes Gender Discrimination Gender Identity NYCHRL Transgender

5 Things Every New York Employer Needs to Know Heading into 2016

2015 was a hectic year on the New York labor and employment law front, yielding mixed results for employers and, in many instances, creating more questions than answers. A myriad of state and local laws were proposed (and...more

12/23/2015 - Anti-Discrimination Policies Corporate Counsel Fair Chance Act Hiring & Firing Minimum Wage SCDEA Transgender Transit Benefits Wage and Hour Women's Equality Act

NYC Employers Must Offer Pre-Tax Transportation Benefits Starting Jan. 1

Effective January 1, 2016, most New York City employers with 20 or more full-time employees will be required by law to offer those employees the opportunity to use pre-tax earnings to purchase qualified transportation fringe...more

12/9/2015 - City Councils Fringe Benefits Full-Time Employees New Legislation Popular Transit Benefits Wage and Hour

New York Employment Law Roundup: October & November 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular...more

12/5/2015 - Anti-Discrimination Policies Conditional Job Offers Criminal Background Checks Governor Cuomo Hiring & Firing Job Applicants Job Promotions Labor Standards Enforcement NYCCHR Transgender Wage Deductions

Reminder for NYC Employers: Ban on Criminal Background Checks Takes Effect October 27, 2015

Less than two months after the effective date of a new law barring employers’ use of credit checks, another new law restricting the pre-employment process takes effect in New York City today, October 27, 2015 (the Fair Chance...more

10/27/2015 - Adverse Employment Action Background Checks Ban the Box Conditional Job Offers Consumer Reports Criminal Background Checks Criminal Records Employer Liability Issues Exemptions Fair Chance Act Hiring & Firing Job Ads Job Applicants Notice Requirements NYCCHR Popular

Reminder for N.Y. Employers: Multiple Minimum Wage Hikes Take Effect at Year’s End

As we are now in the final quarter of 2015, New York State employers should begin preparing for the many impending minimum wage increases – yes, there will be multiple increases – all of which take effect December 31, 2015....more

10/23/2015 - Exempt-Employees Fast-Food Industry Hospitality Industry Labor Commissioners Minimum Salary Minimum Wage New Legislation Non-Exempt Employees Tipped Employees Wage and Hour

New York Employment Law Roundup: July, August, & September 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest events, we share regular summaries of...more

9/30/2015 - Credit Discrimination Credit History Employee Credit Checks Employee Rights Employer Liability Issues Exemptions Exploitation Fast-Food Industry FLSA Governor Cuomo Hiring & Firing Job Applicants Labor Commissioners Minimum Wage New Guidance New Legislation NYCHRL Policies and Procedures Required Documentation Volunteers Wage and Hour

Reminder for NYC Employers: Ban on Credit Checks Takes Effect Today

A new law restricting the pre-employment process takes effect in New York City today, September 3, 2015 (the Law). As we previously reported, the Law bars most employers in NYC from requesting or considering, for employment...more

9/3/2015 - Background Checks Credit Checks Credit History Employee Rights Employer Liability Issues Exemptions Job Applicants New Legislation NYCHRL

N.Y. State Fast Food Workers Likely To Win $15 Minimum Wage Raise

As previously reported, Gov. Andrew Cuomo in May empaneled a three-person wage board (the Board) to study and fix perceived wage inequality suffered by New York’s fast food workers – including by recommending whether, and by...more

7/29/2015 - Employer Liability Issues Fast-Food Industry Full-Time Employees Governor Cuomo Low-Wage Workers Minimum Wage Part-Time Employees Proposed Regulation Restaurant Industry Wage and Hour

NY Court Issues Landmark Ruling on the Employment Status of Unpaid Interns

On July 2, 2015, in Glatt v. Fox Searchlight Pictures, Inc. and a related order, Wang v. The Hearst Corp., the U.S. Court of Appeals for the Second Circuit issued a new test for determining whether interns must be treated and...more

7/7/2015 - Appeals Class Action Class Certification Classification DOL Economic Realities Test Employee Benefits FLSA Interlocutory Appeals Internships Unpaid Interns Wage and Hour

U.S. DOL Releases Long-Awaited Proposal to Expand Overtime Protections

On June 30th, the U.S. Department of Labor (DOL) released its highly anticipated proposed revisions to the Fair Labor Standards Act’s (FLSA) so-called “white collar” exemptions, the first major update to the federal overtime...more

7/1/2015 - DOL Exempt-Employees FLSA Multi-Factor Test NPRM Wage and Hour White-Collar Exemptions

New York Employment Law Roundup: June 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular...more

6/30/2015 - ADA Fast-Food Industry Licensing Rules New Legislation Reasonable Accommodation Wage and Hour Wages

BREAKING: NYC "Bans the Box," Barring Most Pre-Employment Criminal Inquiries

Just weeks after prohibiting employers from using credit checks, the New York City Council Wednesday passed yet another bill that handcuffs businesses attempting to vet new job applicants. Most notably, the bill, commonly...more

6/11/2015 - Anti-Discrimination Policies Ban the Box Conditional Job Offers Criminal Background Checks Criminal Records Discrimination Employee Rights Employment Application Employment Discrimination Employment Policies Hiring & Firing Job Ads Job Applicants New Legislation NYCHRL

Employers Must Use New FMLA Forms from U.S. Dept of Labor

On May 27, the U.S. Department of Labor (DOL) published updated model Family and Medical Leave Act (FMLA) notices and certification forms. Copies of the updated forms, which should be used through May 31, 2018, are available...more

6/8/2015 - DOL EEOC FMLA FMLA Certification Forms GINA Popular

New York Employment Roundup - May 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular...more

5/29/2015 - Debit Cards Equal Pay Act Fast-Food Industry Wage and Hour

Arrival of Intern Season Means Prep Work For Employers is Key

With summer right around the corner, many high school and college students are preparing to begin unpaid internship programs at companies across the country. Such programs have long been considered a staple for U.S....more

5/4/2015 - Best Management Practices Corporate Counsel DOL Employer Liability Issues FLSA Human Resources Professionals Internships Unpaid Interns

New York Employment Roundup: March & April 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular...more

5/4/2015 - Andrew Cuomo FLSA FMLA Government Investigations Hiring & Firing Internal Reporting Legislative Agendas Minimum Wage New Legislation Protected Activity

Is Your Social Media Influencer or Blogger an Employee or an Independent Contractor? What Companies Need To Know Before They...

With the first quarter of 2015 behind us, many companies are already deeply engaged in social media campaigns. Many of these campaigns include the engagement of professional bloggers or other persons with social media...more

4/10/2015 - Blogs Content Marketing Employee Definition Employer Liability Issues FLSA Independent Contractors Marketing Misclassification Social Networks

Crowded Skies: Opportunities and Challenges in an Era of Drones

In this paper: - Advertising & Promotion - Aviation - Regulatory - Copyright (EU) - Employment and Labor - Export Controls - Film and Television (UK) - Film & Television...more

3/31/2015 - Advertising Aircraft Airspace Commercial Use Copyright Drones Export Controls Exports Federal Aviation Administration (FAA) Film Industry Insurance Industry Music Industry Privacy Laws Unmanned Aircraft Systems

New York Employment Roundup: February 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of new legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of...more

3/9/2015 - E-Cigarettes Minimum Wage Paid Leave Sick Leave Smoking Bans Tipped Employees

Reminder for N.Y. Employers: Significant Labor Law Amendments Take Effect February 27

As we previously reported, the New York State Legislature last June passed a Bill, intended to revitalize the Wage Theft Prevention Act (WTPA), that proposed significant changes to the state’s labor laws. Among other things,...more

2/24/2015 - Contractors LLC Notice Requirements Subcontractors Successor Liability Wage and Hour Wage Theft Prevention Act Wages

New York Employment Roundup: January 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of new legislation and judicial opinions. To keep our readers current on the latest happenings, we will share regular summaries of...more

2/9/2015 - Andrew Cuomo Anti-Discrimination Policies Employer Liability Issues Employer Mandates Minimum Wage Tipped Employees Wage and Hour Wage Theft

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