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
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
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
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
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
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
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 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
Starting February 19, 2023, New York employers will be prohibited from retaliating against employees who take lawful absences pursuant to federal, state or local law. Employers are advised to review their leave of absence...more
On November 1, 2022, all New York City employers with four or more employees and employment agencies of all sizes must state the salary range or rate of pay when advertising a job, promotion or transfer opportunity. A similar...more
On Labor Day, with support from prominent unions, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which will significantly affect fast-food restaurants in the...more
9/14/2022
/ Fast-Food Industry ,
Food Service Workers ,
Franchisee ,
Franchises ,
Franchisors ,
Governor Newsom ,
Minimum Wage ,
Referendums ,
State Labor Laws ,
Wage and Hour ,
Wages ,
Workplace Safety
The New York City Council has passed a bill that – when signed into law – will push the effective date of New York City’s wage transparency law back to Nov. 1, 2022 from the original date of May 15, 2022.
...more
In less than one year, any employer in New York City that uses automated tools to screen job applicants must demonstrate that an annual bias audit has been completed to continue using such tools.
The law, which takes...more
Employers advertising for jobs in New York City will soon be required to include the salary range for the position in their advertisements.
On December 15, 2021, the New York City Council passed an amendment to the New...more
On October 29, 2021, the Wage and Hour Division of the U.S. Department of Labor (DOL) published the last provisions of its “Tip Regulations Under the Fair Labor Standards Act,” also known as the 2020 Final Tip Rule.
As...more
New York City Council has passed a package of six bills that together regulate nearly every aspect of the relationships between third-party food delivery services and their delivery workers within New York City. The bills,...more
On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA).
These new rules would reinstate the so-called “80/20” rule under...more
New York City hospitality employers face a myriad of requirements under federal, state, and local laws.
This employment law "checklist" provides a guide for such businesses in order to ensure that they are onboarding new...more
5/7/2021
/ Children's Health Insurance Program (CHIP) ,
Compliance ,
Employee Handbooks ,
Employment Authorization Documents (EAD) ,
Fair Credit Reporting Act (FCRA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Hospitality Industry ,
New York ,
Paid Leave ,
Paid Time Off (PTO) ,
Personnel Records ,
Policies and Procedures ,
Separation Agreement ,
State and Local Government ,
State Labor Laws ,
Termination ,
Wage and Hour ,
Wage Statements
The United States Department of Labor (DOL) issued a final rule (Final Rule) on December 22, 2020, addressing tipped employees and the Fair Labor Standards Act (FLSA). The Final Rule was implemented as a result of the...more