Susan Gross Sholinsky

Susan Gross Sholinsky

Epstein Becker Green

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California Legislature Passes Fair Pay Act Aimed at Closing Pay Gap Between Men and Women

Citing the pay gap between men and women in California, and noting that the gap increases for women of color, the California Legislature recently passed a bill that would prohibit employers from paying an employee at wage...more

9/18/2015 - Best Practices Fair Pay Act New Legislation Wage and Hour Wages

NYC Commission on Human Rights Issues Enforcement Guidance for Newly Effective Credit Check Law

On September 3, 2015, the amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting the use of credit checks in employment (“Credit Check Law”) became effective. On the same day, the New York City Commission on...more

9/10/2015 - Amended Regulation Background Checks Best Practices Credit History Credit Reports Enforcement Guidance FINRA Hiring & Firing NYCHRL Recordkeeping Requirements Search Engines

U.S. Department of Labor Offers New Insight on the Misclassification of Independent Contractors

As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation...more

7/20/2015 - Administrative Interpretation Best Practices DOL Economic Realities Test Employee Definition FLSA Independent Contractors Misclassification Proposed Regulation Right to Control

Second Circuit Adopts “Primary Beneficiary” Test to Determine Whether Interns Fall Outside the Statutory Definition of “Employee”

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit reversed a federal district court decision that had held that certain unpaid interns should have been classified and paid as employees under both the federal...more


Massachusetts Issues Final Earned Sick Time Regulations—Law Becomes Effective July 1, 2015

On June 19, 2015, the Massachusetts Attorney General’s Office filed its final regulations (“Final Regulations”) to implement the Commonwealth’s Earned Sick Time law, which was enacted through a ballot vote in November 2014....more

6/29/2015 - Earned Sick Time FMLA Paid Leave Parental Leave Sick Leave

New York City Is Expected to Become the Latest Jurisdiction to “Ban the Box”

On the heels of banning credit checks for most applicants for employment in New York City, on June 10, 2015, the New York City Council passed citywide ban-the-box legislation, formally titled the “Fair Chance Act” (“Act”)....more

6/19/2015 - Ban the Box Criminal Background Checks Fair Chance Act Hiring & Firing New Legislation

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

6/15/2015 - Civil Rights Act Discrimination DOL EEOC Employee Restrooms Employee Rights Gender Discrimination Gender Identity OSHA Reasonable Accommodation Sexual Orientation Discrimination Title VII Transgender

Department of Labor Publishes Updated Family and Medical Leave Act Forms

On May 27, 2015, the Department of Labor (“DOL”) issued new model Family and Medical Leave Act (“FMLA”) notices and medical certification forms. The previously issued forms expired as of February 28, 2015, without any update...more

6/11/2015 - DOL FMLA Forms Popular Required Forms

New York City Expected to Ban the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council passed an amendment (“Amendment”) to the New York City Human Rights Law (“NYCHRL”) that, if signed into law, would make it an unlawful discriminatory practice for employers to use...more

4/25/2015 - Background Checks Credit Reports Discrimination FINRA NYCHRL Popular Proposed Amendments

Philadelphia Joins Growing List of Cities with Paid Sick Leave Laws

On February 12, 2015, the Philadelphia City Council passed the “Promoting Healthy Families and Workplaces” Ordinance (“Ordinance”), requiring private employers with 10 or more employees in the city of Philadelphia to provide...more

4/23/2015 - Employer Mandates Healthy Families Act Local Ordinance Paid Leave Sick Leave

New York Wage Theft Prevention Act Update: Annual Notice Requirement Is Removed for 2015

On December 29, 2014, Governor Andrew Cuomo signed the long-awaited amendment (“Amendment”) to the Wage Theft Prevention Act (“WTPA” or “Act”) and a chapter memorandum. Notably, the Amendment and the chapter memorandum...more

1/6/2015 - Andrew Cuomo Annual Notices Notice Requirements Wage Theft Prevention Act Wages

Protecting Your Workforce: What You Need to Know About Ebola

The Ebola virus disease (“Ebola”) has become a worldwide threat, which, among many other effects, has forced employers to think about how to protect their employees. Employers also must consider how Ebola might impact...more

11/4/2014 - CDC Ebola Safety Precautions

Act Now Advisory: Unpaid Interns in New York State Continue to Gain Protections Under Anti-Discrimination Laws

On July 22, 2014, Governor Andrew Cuomo signed an amendment to the New York State Human Rights Law ("NYSHRL"), adding a section relating to discriminatory practices against unpaid interns. The amendment, which gives unpaid...more

8/5/2014 - Discrimination Employer Liability Issues Hiring & Firing New Amendments Unpaid Interns

Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more

7/21/2014 - Corporate Counsel International Labor Laws Japan Parent Corporation Subsidiaries

Act Now Advisory: Will New York Employers Finally Be Relieved of Annual Reporting Obligations Under the Wage Theft Prevention Act?

A recently proposed amendment ("Amendment") to New York's Wage Theft Prevention Act ("WTPA" or "Act") would provide less burdensome employer reporting obligations but increase penalties under the Act. The Amendment passed the...more

7/3/2014 - Notice Requirements Proposed Amendments Wage and Hour Wage Theft Wage Theft Prevention Act

Act Now Advisory: The EEOC Is Scrutinizing Separation Agreements: Does Yours Hold Up?

In its "Strategic Enforcement Plan for FY 2013-2016," the federal Equal Employment Opportunity Commission ("EEOC" or "Agency") identifies "Preserving Access to the Legal System" as one of its six core priorities. The Agency...more


HEAL Advisory: New COBRA Model Notices and Coordination with Marketplace Enrollment

On May 2, 2014, the U.S. Departments of Labor and Health and Human Services published a series of guidance and model notices clarifying the provision of health insurance to recently terminated employees. The Department of...more

5/19/2014 - Affordable Care Act COBRA DOL Employee Rights Employer Mandates Health Insurance Health Insurance Exchanges Healthcare HHS Hiring & Firing Notice Requirements

Act Now Advisory: Changes to New York State's Unemployment Insurance Laws May Affect Employers' Severance Procedures and How...

In response to a federal mandate requiring states to restructure their unemployment insurance ("UI") laws to reduce government spending on UI benefits, New York State has amended its law in a way that may cause New York...more

4/25/2014 - DOL Severance Agreements Severance Pay Unemployment Unemployment Insurance

Act Now Advisory: Unpaid Interns Now Afforded Same Discrimination Protections as Employees Under the New York City Human Rights...

On March 26, 2014, the New York City Council passed an amendment to the New York City Human Rights Law ("NYCHRL"), giving unpaid interns the same anti-discrimination protections under the law as is available to employees. The...more

4/4/2014 - Discrimination Human Rights NYCHRL Unpaid Interns

Act Now Advisory: How to Gather, Use, and Dispose of Background Information in Compliance with Federal Law - Helpful Guidance for...

The decision whether to hire or promote a particular job candidate is no small matter for employers, particularly in a climate where there are often numerous applicants for limited positions. To assist in this decision-making...more

3/31/2014 - Compliance EEOC Employer Liability Issues FTC

Act Now Advisory: Nothing to Sneeze At: New York City Mayor Signs Earned Sick Time Act into Law, Effective April 1

On March 20, 2014, New York City Mayor Bill de Blasio signed his first bill into law as mayor, amending the Earned Sick Time Act ("ESTA"), which requires the City's private employers with five or more employees to provide...more

3/25/2014 - Employee Rights Paid Leave Sick Leave

Act Now Advisory: New York City Council Expands Scope of Paid Sick Time Law

On February 26, 2014, the New York City Council ("City Council") voted to expand the City's paid sick leave law, the Earned Sick Time Act ("ESTA"). In a 46-to-5 vote, the City Council passed an amendment to the ESTA requiring...more

3/3/2014 - Compliance Employee Benefits Employee Rights Sick Leave

Take 5 Newsletter: Five New Challenges Facing Retail Employers

Retailers face new challenges every day as a result of legislation, litigation, and technology. This Take 5 addresses some of these challenges. 1. Pregnancy Accommodation - Several states and municipalities...more

2/21/2014 - Contract Drafting Cybersecurity EEOC Hiring & Firing Pregnancy Pregnancy Discrimination Racial Profiling Reasonable Accommodation Release Agreements Retailers Separation Agreement Severance Agreements Social Media Title VII

Act Now Advisory: January 2014 New Arrival: New York City's Reasonable Accommodation Law (and Accompanying Notice Requirements)...

As we previously reported (see the Act Now Advisory titled "New York City Human Rights Law Expanded to Require Employers to Reasonably Accommodate Pregnant Employees"), on October 2, 2013, former New York City Mayor Michael...more

1/20/2014 - Employee Rights Hiring & Firing Human Resources Professionals New Hires Notice Requirements Personnel Records Posting Requirements Pregnancy Discrimination Reasonable Accommodation

Act Now Advisory: Reminder to New York Employers: Annual Wage Notices Must Be Distributed by February 1 and Minimum Wage Has...

New York employers should be aware that, effective December 31, 2013, the statewide minimum wage increased from $7.25 to $8.00 per hour. This is the first in a series of incremental changes that will see the hourly minimum...more

1/13/2014 - Compliance DOL Employee Rights Minimum Wage Wages

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