The New York State Legislature has limited damages for first-time violations of New York’s pay frequency law, which requires that manual workers be paid weekly. The amendment to New York Labor Law (“NYLL”) § 198(1-a) resolves...more
On April 23, 2025, President Donald Trump issued an Executive Order (Order) titled, “Restoring Equality of Opportunity and Meritocracy,” which prohibits federal agencies, including the Equal Employment Opportunity Commission...more
A recent decision by the U.S. Supreme Court solidified the evidentiary standard of proof for federal wage law disputes where employers seek to establish their employees are appropriately classified as exempt under the Fair...more
1/23/2025
/ Appeals ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employment Litigation ,
Evidence ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Misclassification ,
Over-Time ,
SCOTUS ,
Standard of Proof ,
Wage and Hour
Beginning Dec. 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public projects, or certain covered private projects, will be required to register with the New York State...more
New York Governor Kathy Hochul recently added to the New York State Labor Law by signing a bill titled “the New York Retail Worker Safety Act” (“RWSA”). The State Legislature crafted the RWSA to promote retail worker safety...more
New Yorkers utilizing freelance workers or independent contractors for work totaling $800 or more will soon need to comply with New York’s Freelance Isn’t Free Act (“FIFA”). The Act, which was signed into law by Governor...more
8/15/2024
/ Anti-Discrimination Policies ,
Compliance ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Independent Contractors ,
New York ,
NYDOL ,
Payment Systems ,
Penalties ,
Recordkeeping Requirements ,
Service Contracts
As expected, a legal battle is playing out over the U.S. Federal Trade Commission’s near-total ban on noncompete agreements, and a federal judge has granted a preliminary injunction delaying implementation of the ban while...more
The U.S. Department of Labor (DOL) recently released a final rule sharply increasing the minimum salary thresholds for the “white-collar” overtime exemptions under the federal Fair Labor Standards Act (FLSA) applicable to...more
New York State lawmakers came to a final agreement on a 2024-25 budget bill, which contains several notable changes to New York’s employment laws. There are three notable amendments in the budget that directly impact New York...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently finalized a rule regarding implementation of the Pregnant Workers Fairness Act (PWFA). The PWFA, which went into effect on June 27, 2023, requires employers...more
The National Labor Relations Board recently ruled that Home Depot USA, Inc. violated federal labor law when it prohibited an employee from wearing a work apron containing a handwritten reference to “Black Lives Matter.” This...more
Two recent developments may signal the beginning of the end for the wave of “frequency-of-pay” litigation that has hit New York employers in recent years.
In a victory for New York employers, the Appellate Division, Second...more
The U.S. Department of Labor has officially adopted a rule that makes it more difficult for employers to classify workers as independent contractors, a change that could have profound effect on many industries, including...more
New York Governor Kathy Hochul signed a bill on September 6, 2023, which expands Section 201-d of the New York Labor Law to provide employees with protection from the political and religious ideologies of their employer. The...more
New York state recently made a few notable amendments to its Pay Transparency Law requiring New York employers to include pay ranges and job descriptions in advertisements for jobs, promotions and transfer opportunities. ...more
The United States Environmental Protection Agency (EPA) announced final revised risk determinations for two chemicals, perchloroethylene (perc) and trichloroethylene (TCE). After revisiting its prior risk determinations, EPA...more
The U.S. Court of Appeals for the Sixth Circuit dissolved an order staying enforcement of the emergency temporary standard (“ETS”) issued by the Occupational Safety and Health Administration (OSHA). The ETS requires all...more
The Occupational Safety and Health Agency (OSHA) and the Center for Medicare and Medicaid Services (CMS) published highly anticipated rules requiring covered employers to implement Covid-19 vaccination mandates for their...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As explained in our previous legal alerts, which are available here and here, the New York Health Essential Rights Act (“HERO Act”) requires all private employers to, among other things, develop infectious disease exposure...more
New York has updated its COVID-19 guidelines, but they might not be in effect for long. On June 8, 2021, New York updated the reopening guidelines that were initially issued as part of New York’s phased reopening process. ...more
On March 12, 2021, Governor Cuomo signed a bill that requires New York employers to provide paid leave to employees so they can receive a COVID-19 vaccination. The law took effect upon signing, and will expire and be deemed...more
With COVID-19 vaccines now being distributed in the United States, there have been a number of questions about the responsibilities and rights of employers and employees. On Wednesday, December 16, 2020, the U.S. Equal...more
12/21/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Policies and Procedures ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations
Soon after the U.S. Department of Labor (“DOL”) issued its Families First Coronavirus Response Act (“FFCRA”) regulations in early April 2020, the State of New York filed a lawsuit against the DOL, challenging several...more
On July 16, 2020, the U.S. Department of Labor (“DOL”) released new, streamlined forms that employers may voluntarily use for the administration of leave under the Family and Medical Leave Act (“FMLA”). In connection with the...more
Following publication of this Alert, Gov. Cuomo issued an Executive Order making an important change to employee leave rights related to voluntary travel to high-risk states.
The latest Executive Order issued by Governor...more