The New York State Legislature has approved chapter amendments to New York State’s pay transparency law, which is slated to take effect on September 17, 2023. The most notable revision would provide that the law applies to...more
As part of its goal of phasing in a $15 minimum wage for all employees in New York, the State began implementing annual increases in 2016 across all regions. The annual increases are published by the Commissioner of Labor on...more
It’s two months into argument season at the Supreme Court, and we’re always keeping our fingers crossed that the justices will take up a wage and hour issue and clear up some ambiguities in the law or a circuit split. ...more
As we previously reported, as of November 1, 2022, New York City’s salary transparency law requires covered employers who advertise or post a job, promotion, or transfer opportunity for a role that can or will be performed,...more
To properly calculate the overtime rate for a non-exempt employee, employers must first calculate the “regular rate of pay.” Under federal law, and the laws of most states, the regular rate is determined by dividing the...more
Effective November 6, 2022, the Westchester County (NY) Human Rights Law is amended to require that employers with at least four employees that are posting job, transfer or promotion opportunities which “are required to be...more
Twice a year (in the spring and the fall), each federal agency publishes a “Regulatory Agenda” that discloses the proposal and final rules it has recently issued, together with those that it plans to issue. Back in the fall...more
In this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Pay Transparency Law, which is set to come into effect on November 1, 2022....more
It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act.
In the courts, the test has always focused on the “economic reality” of the relationship between a worker...more
A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software. With your timekeeping systems compromised, how do you determine what to pay your...more
10/27/2022
/ Attendance ,
Compensation ,
Cyber Attacks ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
Payroll Records ,
Ransomware ,
Real Time Payment (RTP) ,
Risk Management ,
Software ,
Timekeeping ,
Vendors ,
Wage and Hour
New York City’s pay transparency law, which will require most New York City employers to disclose salary ranges in their job postings, takes effect November 1, 2022. As we previously reported, the new law amends the New York...more
Who says wage and hour law is boring? Not us. We came across two wage and hour stories this year that are too awesome not to share.
Auto-Repair Shop Owner Pays Employee’s Final Wages in Pennies, Is Sued by DOL -
As...more
In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time...more
In 2016, New York City enacted the Freelance Isn’t Free Act, a local law establishing protections for certain freelance workers providing services for entities located in the City. Earlier this month, the New York State...more
The New York State Legislature has passed Senate Bill S9427, which will require employers with four or more employees to include in job postings – including those for promotion or transfer opportunities – the minimum and...more
6/7/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New York ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Salaried Employees ,
Wage and Hour
The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings. The bill amends several aspects of the law, including,...more
5/2/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law.
As we previously reported, the new law will make...more
3/25/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
NYCCHR ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
A bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings.
As we previously reported, the new law will make it an unlawful...more
3/22/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
It’s only been two weeks since President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Ending Forced Arbitration Act”) into law, and there is already a new major...more
A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State. Several of...more
3/17/2022
/ Adverse Employment Action ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Labor Reform ,
New York ,
No-Hire/No-Solicitation Agreements ,
Non-Disclosure Agreement ,
NYSHRL ,
Public Employees ,
Regulatory Agenda ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
In this blog series, we look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them. We’ll focus on federal law, but as...more
Shortly after his election in November 2021, New York City Mayor Eric Adams announced that he would accept his first three paychecks in Bitcoin. On January 20, 2022, the day before his first paycheck from the City was...more
3/9/2022
/ Bitcoin ,
Cryptocurrency ,
Department of Labor (DOL) ,
Digital Currency ,
Employer Liability Issues ,
Ethereum ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Minimum Wage ,
Over-Time ,
Regulatory Oversight ,
Securities Regulation ,
State Labor Laws ,
Wage and Hour
The New York State Department of Labor (NYSDOL) has issued a form of required notice regarding the dramatically expanded whistleblower protections under New York Labor Law § 740 that took effect last month....more
2/14/2022
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employee Rights ,
Employer Liability Issues ,
Labor Reform ,
New York ,
Notice Requirements ,
Regulatory Requirements ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
The new federal rule requiring employers with 100 or more employees to mandate that their workers be vaccinated or undergo weekly testing takes effect on January 4, 2022. ...more
In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them. We’ll focus on federal law, but...more
10/18/2021
/ Coronavirus/COVID-19 ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Infectious Diseases ,
Screening Procedures ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Workplace Safety