All eyes were on the Supreme Court’s decision to overturn a decades-old legal doctrine and redefine the balance of power between federal agencies and courts, but the Court also snuck in another ruling that will allow...more
The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their...more
A National Labor Relations Board Regional Director recently ruled that non-scholarship college basketball players are “employees” under federal labor law, setting the table for a potential seismic shift in the way your...more
Colorado and Washington will likely become the latest states to ban employers from holding mandatory meetings with employees concerning religious or political matters. Such employer-sponsored meetings, known as “captive...more
If you’ve been tracking litigation related to New York’s “frequency of pay” requirement for manual workers, last week’s highly anticipated decision Grant v. Global Aircraft Dispatch brings welcome news to employers. The state...more
A recently signed state law will soon protect New York freelance and contract workers from wage theft and delayed payments – and require businesses to put certain terms in writing. Businesses across the state will need to...more
Effective August 1, Minnesota now prohibits employers from “captive audience meetings” – that is, requiring, under threat of discharge, discipline, or some other penalty, employee attendance or participation in...more
Manhattan District Attorney Alvin Bragg Jr. recently announced a new prosecutorial branch tasked with investigating and prosecuting wage theft and other forms of worker harassment and exploitation throughout the borough. The...more
New York Governor Kathy Hochul recently delivered her second State of the State address – her first as an elected governor – and managed to provide insight on a few key areas of workplace law that will affect New York...more
1/20/2023
/ Diversity ,
Employee Training ,
Healthcare Workers ,
Hiring & Firing ,
Labor Reform ,
Legislative Agendas ,
Minimum Wage ,
New York ,
Staffing Agencies ,
State of the State ,
Temporary Employees ,
Wage and Hour
In a recent decision, the National Labor Relations Board gave unions greater access to sales agreements under the employer’s duty to provide relevant information so as to meaningfully engage in effects bargaining. The August...more
It is looking increasingly likely that fast food employers in New York City will have to deal with troubling new workplace regulations in the near future, including the prospect of increased penalties for violations,...more
New York City workplace regulators just finalized rules for New York City’s Fair Workweek and just cause laws for fast food workers – and there are some changes from the initial proposals that may come as a surprise to...more
New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense...more
2/2/2022
/ Consent ,
Employer Liability Issues ,
Fair Workweek ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Just Cause ,
Layoffs ,
Notice Requirements ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Public Hearing ,
Recordkeeping Requirements ,
Wage and Hour ,
Work Schedules
Although New York Governor Hochul’s first State of the State address focused on efforts to emerge from the COVID-19 pandemic, she still managed to provide insight on a few key areas of labor and employment law that will...more
1/10/2022
/ Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Criminal Penalties ,
Criminal Records ,
Disabilities ,
Employer Liability Issues ,
Employment Discrimination ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Non-Compete Agreements ,
NYDOL ,
Proposed Legislation ,
State Labor Laws ,
State of the State ,
Unemployment Insurance ,
Wage Theft
The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more
New York State recently granted both private and public employees up to four hours of paid leave per injection to receive the COVID-19 vaccine. While the basics of the leave were outlined in newly added New York Labor Law...more
New York employees are likely to soon receive paid leave to take their COVID-19 vaccination. One month after the New York State Assembly passed the bill, the New York State Senate unanimously voted 62-0 on March 1 to grant...more
The New York City Council just passed two bills (Int. 1396-A and 1415-A) that limit when a fast food employer can discharge fast food employees, only permitting terminations for “just cause” or for a “bona fide economic...more
With January 1, 2021 quickly approaching, it’s crunch time for New York employers to prepare to comply with the new statewide sick leave law. New York employers have been grappling with questions surrounding the New York Paid...more
Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more
6/22/2020
/ Appeals ,
Collective Actions ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Over-Time ,
Putative Class Actions ,
Salaried Employees ,
Wage and Hour ,
Work Schedules
New York, the state hardest hit by the COVID-19 pandemic, has released plans to guide the state’s reopening process that will permit certain lower-risk businesses to begin phased reopenings on a regional basis as soon as May...more
The New York City Commission on Human Rights (NYCCHR) recently announced the formation of a COVID-19 Response Team to handle allegations of harassment and discrimination related to COVID-19. Although the COVID-19 Response...more
Following a proposed and failed bill in the New York State legislature during Summer 2019 that would have created a new category of “Dependent Worker,” and California’s passage of AB-5, which codified the ABC “employment”...more
As New York continues to be hard hit by the effects of COVID-19, Governor Cuomo announced a three-way agreement on March 17 between his office and both houses of the New York State Legislature on a bill guaranteeing job...more
3/19/2020
/ Coronavirus/COVID-19 ,
Disability Benefits ,
Family and Medical Leave Act (FMLA) ,
Governor Cuomo ,
Health and Safety ,
Infectious Diseases ,
New Legislation ,
Paid Leave ,
Quarantine ,
Sick Leave ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
After a busy 2019 of expanding workplace protections in New York, Governor Cuomo just issued his 2020 State of the State to lay out his priorities for the coming year. And it should come as no surprise that several of the...more
1/13/2020
/ ABC Test ,
Anti-Discrimination Policies ,
Employment Policies ,
Gig Economy ,
Governor Cuomo ,
New Legislation ,
Paid Leave ,
Pay Equity Laws ,
Sexual Harassment ,
Sick Leave ,
State Labor Laws ,
Wage and Hour