The U.S. Court of Appeals for the 5th Circuit recently vacated the U.S. Department of Labor’s (DOL) latest provisions of its Tip Regulations Under the Fair Labor Standards Act, colloquially known as the 80/20/30 Rule through...more
8/29/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Job Duties ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Restaurant Industry ,
Statutory Interpretation ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
Lawmakers recently approved the 2024-2025 New York State budget, revising a number of laws that employers must be mindful of to ensure compliance. Specifically, these changes include: (1) the implementation of prenatal leave...more
New York City employers will soon need to post and otherwise distribute a new Worker’s Rights poster. The new poster, recently released by The New York City Department of Consumer and Worker Protections, includes a QR code...more
The U.S. Centers for Disease Control and Prevention (CDC) recently released updated guidance regarding COVID-19. On March 1, 2024, the CDC eliminated its recommendation that people who contract the virus isolate for five...more
Under a new law that took effect on February 11, 2024, all “sellers” in New York who apply a credit card surcharge to sales transactions must now comply with certain consumer disclosure requirements.
Signed into law by...more
As explained in our previous alert, in October 2023, after Gov. Kathy Hochul signed into law increases to New York’s minimum wage, the New York State Department of Labor (NY DOL) issued proposed changes to the tip credit,...more
12/28/2023
/ Exempt-Employees ,
Minimum Wage ,
New York ,
NYDOL ,
Over-Time ,
Rate of Pay ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Uniforms ,
Wage and Hour
Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free” Act (the Act), which aims to provide freelance workers certain protections across the state.
New York employers who use freelancers or independent...more
New York State recently enacted further restrictions limiting language that can be contained in employment-related release agreements (including severance, separation, and settlement agreements). The changes, which were...more
The Office of the Attorney General for Washington D.C. (OAG) recently reminded hospitality employers in the city who use mandatory service charges and other fees that they must properly disclose such charges to guests under...more
Governor Kathy Hochul signed into law in May increases to New York’s minimum wage that will occur over the next few years. The first increase is set to take effect on January 1, 2024. Additional increases to the minimum wage...more
In new draft guidance, the U.S. Equal Employment Opportunity Commission proposes to recognize broad protections for LGBTQ+ employees in the workplace and allow bias claims premised on abortion-related decisions. It also...more
10/4/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Policies and Procedures ,
Reporting Requirements ,
Sexual Stereotyping ,
Social Media ,
Training ,
Transgender ,
Workplace Harassment Guidance
The New York Department of Labor (NYDOL) has issued proposed regulations related to New York’s Pay Transparency Law, which are open for comment until November 12, 2023. In addition, the NYDOL issued a fact sheet and a set of...more
Employers have until Oct. 15, 2023 to ensure that their safe and sick leave policies remain compliant with New York City law after the New York City Department of Consumer and Worker Protection (DCWP) on Sept. 15, 2023 issued...more
New York recently prohibited employers from disciplining employees who refuse to attend meetings or listen to communications where the “primary purpose” is for management to express its views on religious or political...more
On Sept. 6, 2023, Gov. Kathy Hochul signed into law an amendment to the New York Penal Law that strengthens penalties for employers found to have committed “wage theft.” This amendment goes into effect immediately. The...more
The New York State Senate is considering a bill that would restrict employers and employment agencies (collectively referred to as “employers”) from electronically monitoring New York employees or using automated employment...more
8/25/2023
/ Audits ,
Automated Decision Systems (ADS) ,
Bias ,
Data Collection ,
Data Retention ,
Data-Sharing ,
Employee Monitoring ,
Federal Trade Commission (FTC) ,
New York ,
State Attorneys General ,
Transparency
The New York Legislature passed a bill (A01278/S3100A) that would prohibit noncompetition agreements between employers and employees by adding a new Section 191-d to the New York Labor Law. If it is signed into law by Gov....more
At the end of a trial last month, a federal jury found Equinox Holdings Inc. (Equinox) liable for maintaining a hostile work environment and discriminating against a former employee on the basis of race and gender in...more
On May 26, 2023, Mayor Eric Adams signed into law a bill that expands New York City anti-discrimination laws by adding an individual’s height and weight to the list of protected characteristics under the New York City Human...more
As part of the state’s 2023-2024 budget deal, Gov. Kathy Hochul signed into law an increase to New York’s minimum wage. In fact, the minimum wage will increase to $17.00 per hour for most New York State employers by Jan. 1,...more
New York City Council passed a bill on May 11, 2023, that if signed by Mayor Eric Adams would prohibit discrimination against individuals based on their height and weight and add height and weight to the list of protected...more
Connecticut businesses have until August 31, 2023 to offer a retirement savings plan to employees. In 2016, the Connecticut General Assembly enacted Public Act 16-29, which created the Connecticut Retirement Security...more
The New York State Department of Labor (NYSDOL) has published updated versions of its sexual harassment prevention materials. Specifically, the NYSDOL updated the following: (1) the model sexual harassment policy; (2) the...more
The New York City Department of Consumer and Worker Protection (DCWP) issued a Final Rule on April 6, 2023, in an effort to provide guidance to employers subject to the City’s Automated Employment Decision Tool (AEDT) Law,...more
New York Gov. Kathy Hochul has signed the New York Pay Transparency Law (S.9427/A.10477). The law, which was signed Dec. 22, 2022 and will take effect Sept. 18, 2023, will require most employers to provide salary ranges for...more