New York Labor Law (NYLL) Section 191 mandates that employers pay employees their wages within a certain frequency depending on the classification of employees. For employees that meet the definition of a “manual worker,” the...more
In Musker v. Suuchi, Inc., the New Jersey Supreme Court addressed whether commissions are considered “wages” under New Jersey’s Wage Payment Law (NJWPL) after a salaried employee sued her employer for allegedly withholding...more
As of June 1, New Jersey will join a growing number of states requiring pay transparency in job postings. The Pay Transparency Act that New Jersey Gov. Phil Murphy signed into law mandates employers post internal and external...more
Having to compensate employees for time spent not working can be counterintuitive, but under certain circumstances, it is an employer’s obligation. Recently, the Third Circuit Court of Appeals affirmed a District Court...more
Summary The U.S. Equal Employment Opportunity Commission (EEOC) has released new guidance addressing the use of wearable technologies in the workplace. These devices, which range from fitness trackers to biometric monitors,...more
1/9/2025
/ Americans with Disabilities Act (ADA) ,
Bias ,
Civil Rights Act ,
Consent ,
Data Collection ,
Data Privacy ,
Data Protection ,
Employee Rights ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Privacy Laws ,
Reasonable Accommodation ,
Title VII ,
Wearable Technology
It is unavoidable. Despite an employer’s best efforts when hiring, every employer has to deal with employee-performance issues, such as bad attitude, poor attendance, or problems getting along with co-workers. In this...more
It’s the time of year when companies hold end-of-year celebrations and festivities for the holidays. As employers prepare for these gatherings, there are a few things they should keep in mind to reduce the chances of HR...more
Late this past summer, the Department of Justice (DOJ) launched a new initiative to crackdown on corporate misconduct. Beginning August 1, whistleblowers can submit original information to the DOJ regarding various types of...more
11/6/2024
/ Corporate Misconduct ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Financial Institutions ,
Healthcare ,
Healthcare Fraud ,
Insurance Industry ,
Pilot Programs ,
Securities ,
Whistleblower Protection Policies ,
Whistleblowers
Effective June 19, 2024, New York Labor Law § 206-c was amended to provide employees a 30-minute paid break to express breast milk. This 30-minute paid break time to express milk in the workplace is applicable to all public...more
New York’s Freedom of Information Law (FOIL) is the state version of the federal Freedom of Information Act, commonly referred to as FOIA. New York’s FOIL has experienced dramatic changes in recent years. As previously...more
In a post last year, we discussed how examining the EEOC’s annual reports and Strategic Enforcement Plan could provide guidance as to how the agency intends to allocate its resources and enforcement efforts in the upcoming...more
As of July 1, employers in New York City have new obligations set forth by the NYC Department of Consumer and Worker Protection (DCWP). Employers are now required to distribute the “Know Your Rights” notice to all employees...more
Laws have been enacted throughout the United States in the wake of the #MeToo movement which have served to erode the confidentially and non-disparagement protections that settlement agreements typically provide employers....more
KEY TAKEAWAYS - For claims that accrued prior to August 6, 2019, the applicable statute of limitations under the Wage Theft Act remains two years. For claims that accrued on or after August 6, 2019, the applicable statute of...more
On April 17, the U.S. Supreme Court rendered an opinion in Muldrow v. City of St. Louis resolving a circuit split over what standard an employee challenging a transfer under the anti-discrimination provision of Title VII must...more
On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more
On February 26, 2024, the Appellate Division of the Superior Court of New Jersey affirmed the trial court’s decision in Aguirre v. CDL Last Mile Solutions, denying defendant CDL Last Mile’s motion to compel arbitration....more
On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more
Studies have shown that persons with disabilities are not being afforded equal access to medical care, including routine examinations, due to a lack of medical diagnostic equipment (MDE). A lack of accessible MDE impacts the...more
It can be a challenge to stay on top of the ever-changing employment laws in New York State. Let us help. Attorneys in Goldberg Segalla’s Employment and Labor practice group synopsized 12 recent changes that impact the...more
1/26/2024
/ Employment Discrimination ,
Freelance Isn't Free Act (FIFA) ,
Human Rights ,
Intellectual Property Protection ,
Minimum Wage ,
New York ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Payment Protection Insurance ,
Unemployment Benefits ,
Unpaid Overtime ,
Wage and Hour ,
Wage Theft
Key Takeaways -
-The Department of Labor recently clarified a critical distinction between an employee and an independent contractor.
-The courts will no longer use the Trump-era rule that focused on two core factors:...more
New York Codifies Employer Requirement to Notify Employees of Unemployment Benefit Rights -
Gov. Hochul signed S4878A/A298. The law amends New York Labor Law Section 590 by adding a section that requires employers...more
1/3/2024
/ Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Labor Code ,
New Legislation ,
New York ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
Key Takeaways -
New York codifies employee intellectual property rights New York prohibits liquidated damages provisions in certain non-disclosure agreements New York prohibits employers from requesting access to...more
1/2/2024
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Compliance ,
Intellectual Property Protection ,
Liquidated Damages ,
New York ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Personal Information ,
State Labor Laws
Gov. Hochul signed S5572/A6796, which increases the threshold for applicability of wage-payment protections under Article 6 of the New York Labor law for certain persons employed in a bona fide executive, administrative, or...more
New York remains one of the busiest states from a business perspective, with ever-changing employment laws that affect businesses. This is the first part of a four-part series providing recent New York employment law updates....more
12/29/2023
/ Compliance ,
Criminal Background Checks ,
Fair Credit Reporting Act (FCRA) ,
Freelance Isn't Free Act (FIFA) ,
Governor Vetoes ,
Highly Compensated Employees ,
Independent Contractors ,
New York ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws