During the first quarter of 2025, the New York State legislature and Governor Kathy Hochul have been actively advancing several initiatives that – if passed and signed – will require New York employers to adapt their policies...more
4/1/2025
/ Class Action ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Liquidated Damages ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Severance Agreements ,
Severance Pay ,
State Labor Laws ,
Stop Work Orders ,
Wage and Hour
On March 17, 2025, the New Jersey Supreme Court ruled that commissions are considered “wages” under the New Jersey Wage Payment Law (“NJWPL”). This critical decision clarifies that commissions are direct monetary compensation...more
3/31/2025
/ Compensation & Benefits ,
Employee Rights ,
Employees ,
Employer Responsibilities ,
Employment Litigation ,
Employment Policies ,
New Jersey ,
NJ Supreme Court ,
Sales Commissions ,
State Labor Laws ,
Wage and Hour ,
Wages
On January 8, 2025, a New York federal court held that an employee’s refusal to sign a confidentiality and non-disparagement acknowledgement form that was part of a settlement agreement rendered the entire settlement...more
The most wonderful time of the year often portends many legal hiccups for the unassuming business. And this year is no different. As the holiday season approaches and we turn the calendar to 2025, New York employers should...more
12/12/2024
/ Employee Benefits ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
New York ,
NYDOL ,
Over-Time ,
Paid Time Off (PTO) ,
Pregnancy ,
Retail Market ,
Salaried Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Seyfarth Synopsis: A pending bill in New Jersey’s legislature would significantly lower the standard for establishing harassment claims and require employers to implement anti-harassment training and policies and report...more
3/12/2024
/ Anti-Harassment Policies ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Labor Reform ,
New Jersey ,
Proposed Legislation ,
Regulatory Agenda ,
Reporting Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for...more
3/4/2024
/ City of New York ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Local Ordinance ,
New York ,
Non-Compete Agreements ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform
Seyfarth Synopsis: New York State formally adopted regulations increasing the salary thresholds for minimum wage and overtime exemptions for “executive” or “administrative” employee under the New York Labor Law. Employers...more
12/28/2023
/ Employees ,
Hiring & Firing ,
Labor Reform ,
Minimum Wage ,
New York ,
NYDOL ,
Over-Time ,
Proposed Regulation ,
Regulatory Agenda ,
State Labor Laws ,
Threshold Requirements ,
Unpaid Overtime ,
White-Collar Exemptions
Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023....more
12/27/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Governor Vetoes ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
Seyfarth Synopsis: The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void...more
12/27/2023
/ Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Governor Vetoes ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: We recently reported here that New York adopted an increased salary threshold of $1,300 per week for determining whether an employee serves in an “executive,” “administrative,” or “professional” capacity...more
eyfarth Synopsis: Governor Kathy Hochul has signed a bill amending Section 590 of the New York Labor Law to require employers to provide employees, upon separation, with notice of their right to file for unemployment benefits...more
New York Governor Kathy Hochul recently signed legislation (S.B. 5572) that, effective March 13, 2024, will change the salary threshold governing various exemptions under Article 6 of the New York Labor Law (“NYLL”)....more
10/6/2023
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Reform ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
New York ,
Non-Exempt Employees ,
Over-Time ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: While the New Jersey Unemployment Compensation Law amendments take effect July 31, 2023, New Jersey employers are still waiting for the state to publish new submission documents and instructions. The state...more
Seyfarth Synopsis: The COVID-19 pandemic and wildfire smoke shrouding the skies over the East Coast this summer have drawn more attention to indoor air quality, leading the New York City Council to propose indoor air quality...more
7/14/2023
/ Air Quality Standards ,
ASHRAE ,
City of New York ,
Employer Liability Issues ,
Employer Responsibilities ,
Labor Reform ,
New York ,
OSHA ,
Regulatory Agenda ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: The New York State Legislature has passed a bill that increases the earnings threshold for executive, administrative, and professional employees to file a complaint with the New York Department of Labor...more
Seyfarth Synopsis: The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void...more
6/29/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Proposed Regulation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
Seyfarth Synopsis: Effective June 7, 2023, New York State employers are required to comply with expanded obligations under recent amendments to New York Labor Law § 206-c, to include the provision of a designated pumping...more
Seyfarth Synopsis: In what New York City has billed as the “first-of-its-kind minimum pay rate for app-based restaurant delivery workers,” gig economy delivery workers will be entitled to almost 20 dollars per hour by April...more
Seyfarth Synopsis: Beginning July 31, 2023, New Jersey employers will face additional unemployment insurance reporting obligations and significantly increased penalties for noncompliance with new amendments to the...more
Seyfarth Synopsis: Like the New York City Council, the New York State legislature is considering a bill to effectively abolish at-will employment. If passed, the State bill would prohibit employers from discharging employees...more
Seyfarth Synopsis: The New York City Council has passed a bill that prohibits employers from considering a person’s actual or perceived height or weight when making employment decisions....more
5/15/2023
/ City of New York ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Human Rights ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New Legislation ,
Wage and Hour
Seyfarth Synopsis: Beginning January 1, 2024, the minimum wage across New York State will gradually increase to account for the rising cost of living....more
Seyfarth Synopsis: New York State released a revised model sexual harassment policy highlighting a lower legal threshold for conduct to constitute sexual harassment under the New York Human Rights Law and emphasizing through...more
Seyfarth Synopsis: Legislators in New York City and State are considering several bills that could impact employers’ daily operations in the Empire State. The bills would broaden discrimination protections, require mandatory...more
Seyfarth Synopsis: A bill pending in the New York City Council would prohibit employers from discharging employees absent just cause or a bona fide economic reason. The bill would also ban employers from relying on data...more