Over the course of the last year, New York employers saw significant state and local employment law developments. This trend will continue into the new year with a plethora of employment laws slated to become effective....more
Employers who employ individuals who work in New York City should be prepared to comply with the New York City wage transparency law, which goes into effect on November 1, 2022....more
Employers who retain independent contractors in New Jersey may face greater exposure for wage and hour claims following a recent ruling in the 3rd Circuit Court of Appeal....more
The New York State legislature has passed a wage transparency law (available here), which has been sent to New York's Governor Kathy Hochul for signature. If signed, the NYS law would be effective 270 days later. The NYS law...more
On May 10, 2022, Delaware joined a growing number of states to enact a paid family and medical leave law. Entitled the Healthy Delaware Families Act, the new law establishes a Family Medical Leave Insurance Program which will...more
On April 28, 2022, the New York City Council amended the city's salary transparency law to delay its effective date from May 15, 2022 to November 1, 2022. As discussed in our previous advisories, the law amends the New York...more
Maryland has enacted legislation establishing a Family and Medical Leave Insurance Program to provide paid leave benefits to employees and a corresponding Family and Medical Leave Insurance Fund to collect contributions from...more
As discussed in our previous advisory, the New York City Council passed a law amending the New York City Human Rights Law (NYCHRL) to require that employers disclose a salary range for positions in all job postings. As the...more
In a move that will likely cause local fast food restaurants to strongly consider automating many jobs currently performed by human beings, New York City has enacted a pair of laws effectively eliminating the at-will...more
New York State's Department of Labor (NY DOL) has issued Paid Sick Leave Frequently Asked Questions (FAQs) providing guidance on numerous leave-related topics including accruals, permitted uses, eligibility, and leave...more
The New York City Department of Consumer and Worker Protection has published an updated form of its notice regarding the City's amended Paid Sick Leave Law (PSL). Effective January 1, 2021, the updated notice must be provided...more
On September 28, 2020, New York City Mayor Bill de Blasio signed a local law amending the City’s Paid Sick Law (PSL) to align with New York State’s sick leave law (SLL), both of which took effect on September 30, 2020....more
Even in the midst of the pandemic, we continue to see significant legal developments in the world of the workplace. To kick off our Fall Webinar Series, we begin with “What Did I Miss? The Year in Review (So Far)” We will...more
10/2/2020
/ Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Government Agencies ,
Independent Contractors ,
Misclassification ,
SCOTUS ,
Wage and Hour ,
Webinars
In the midst of everything else, employers must remember that New York State’s sick leave law (SLL) takes effect on September 30, 2020. Eligible employees may begin to accrue sick leave as of that date, but are not permitted...more
In light of the COVID-19 pandemic, on April 14, 2020, New Jersey further amended its mini-WARN Act (NJ WARN) to avoid a harsh and unintended consequence for employers who will need to engage in layoffs....more
New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices...more
11/22/2019
/ Confidentiality Agreements ,
Corporate Counsel ,
Department of Labor (DOL) ,
Drug Testing ,
Fair Labor Standards Act (FLSA) ,
Marijuana ,
Minimum Wage ,
Non-Disclosure Agreement ,
NYCHRL ,
Salary/Wage History ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour
Westchester County, a Northern suburb of New York City home to IBM and a number of other large employers, has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave....more
A year ago the California Supreme Court in Dynamex sent California businesses scrambling to justify their independent contractor arrangements under the stricter ABC Test. ...more
In January 2018, we issued an advisory relating to the New York State Department of Labor (the “NYSDOL”) proposed regulations regarding predictive scheduling that would have revised the “call-in” pay requirements of the...more
In January 2018, we issued an advisory regarding proposed regulations from the New York State Department of Labor (the “NYSDOL”) revising the “call-in” pay requirements of the Minimum Wage Order for Miscellaneous Industries...more
The Fair Labor Standards Act and New York’s Minimum Wage Orders require employers to pay non-exempt employees overtime for all hours worked over 40 hours in a workweek....more
The Fair Labor Standards Act now permits many employers to include back-of-house employees in tip pools, and prohibits employer, manager, and supervisor participation.
On March 23, 2018, President Trump signed the new...more
4/6/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
The New York State Department of Labor (the “NYSDOL”) has proposed regulations revising the “call-in” pay requirements of the Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”). Covered employees...more
The NYC Department of Consumer Affairs has adopted regulations regarding the Fair Workweek Law (“FWL”), which place detailed requirements that severely limit the flexibility and operational discretion of covered employers...more
On May 30, 2017, New York City Mayor Bill de Blasio signed into law a package of legislation regulating how retail employers and fast food establishments in New York City schedule their employees to work. Each of these laws...more