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Seventh Circuit Holds That USERRA May Require Paid Leave During Short-Term Military Leave

Among other provisions, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) mandates that covered employers generally must provide employees on USERRA leave with the same “rights and benefits”...more

New York Releases Phase Three Guidance for Reopening of Restaurants / Food Services and Personal Care Businesses

Continuing New York State’s four-phased plan for reopening nonessential businesses and expanding essential businesses in the state (“New York Forward” or “NYF”), New York has released summary and detailed guidelines...more

NYC Employers Must Post Required Sexual Harassment Notice and Provide Information Sheet to New Hires by September 6

Earlier this year, the New York City Council passed a series of laws known as the Stop Sexual Harassment Act (“Act”). The New York City Commission on Human Rights (“Commission”) has now issued additional information and...more

New York City’s Temporary Schedule Change Law: Newly Released Information and Resources

The New York City Temporary Schedule Change Law (“Law”) became effective on July 18, 2018. As we reported in a previous Act Now Advisory, the Law allows most New York City employees up to two temporary schedule changes (or...more

From “April to April”: An Overview of Recently Enacted New York State and City Employment Laws

Both New York State and New York City lawmakers have had a busy year so far, enacting a host of employment laws that impose new and significant responsibilities on covered employers. Below is a summary of the major laws...more

New York City Mandates Sexual Harassment Training and Expands Sexual Harassment Protections Under the Human Rights Law

On May 9, 2018, Mayor Bill de Blasio signed into law a series of bills addressing sexual harassment in the workplace. Four of these new laws significantly expand the obligations of many New York City-based employers to...more

Safe and Sick Time Law: New York City Publishes Revised Notice of Employee Rights

The New York City Department of Consumer Affairs has issued a revised Notice of Employee Rights under the Earned Safe and Sick Time Act (“ESSTA”) (formerly called the Earned Sick Time Act, or “ESTA”)....more

New York State Enacts Sweeping Sexual Harassment Laws

The 2018-2019 New York State Budget (“Budget”), which was enacted on April 12, 2018, includes several new state laws concerning sexual harassment in the workplace that will affect both public and private employers. (For those...more

New York City Gives Employees the Right to Change Work Schedules Temporarily for “Personal Events”

On January 19, 2018, New York City adopted Int. 1399-A (“Law”), which will require New York City employers to provide most city-based employees with up to two temporary schedule changes (or permission to take unpaid time off)...more

New York State Issues Forms for Implementing Paid Family Leave Benefits Law

New York State recently released several forms for use by employers and employees under the Paid Family Leave Benefits Law (“Law”), which becomes effective on January 1, 2018. The forms include (i) a waiver for employees who...more

Employer Resource Guide to the New York State Paid Family Leave Benefits Law

On July 19, 2017, the New York State Workers’ Compensation Board (“WCB” or the “Board”) issued its final regulations (“Regulations”) for the New York Paid Family Leave Benefits Law (“PFLBL” or “Law”), which, effective January...more

New York Issues Updated Regulations to Paid Family Leave Benefits Law

On May 24, 2017, the New York State Workers’ Compensation Board (“WCB”) published updated regulations (“Updated Regulations”) to the New York Paid Family Leave Benefits Law (“PFLBL”), which, as we previously reported, becomes...more

Second Circuit Rejects Cumulative Liquidated Damages

On December 7, 2016, the U.S. Court of Appeals for the Second Circuit resolved a split among district courts within the circuit regarding whether liquidated damages may be awarded under both the Fair Labor Standards Act...more

New York State Department of Labor Implements New Salary Basis Thresholds for Exempt Employees

The New York State Department of Labor (“NYSDOL”) has adopted its previously proposed amendments to the state’s minimum wage orders to increase the salary basis threshold for executive and administrative employees...more

New York State Department of Labor Proposes New Salary Basis Thresholds for Exempt Employees

On October 19, 2016, the New York State Department of Labor (“NYSDOL”) announced proposed amendments to the state’s minimum wage orders (“Proposed Amendments”) to increase the salary basis threshold for executive and...more

New York State Will Provide Paid Family Leave and $15 Minimum Wage

On March 31, 2016, New York State’s governor and legislative leaders announced an agreement on the state’s budget for 2016-2017 (“Budget”). Governor Andrew Cuomo signed the bill enacting the Budget at a press conference...more

New York City Publishes Proposed Rules to Amend the Fair Chance Act

On February 16, 2016, the New York City Commission on Human Rights (“Commission”) published proposed rules (“Proposed Rules”) to the City’s Fair Chance Act (“Act”). The Act controls when New York City employers can inquire...more

Now That New York City’s Credit Check and “Ban the Box” Laws Are in Effect, How Do Employers Comply?

Two important New York City laws impacting the hiring process have recently taken effect, requiring immediate action by most City employers. The Fair Chance Act, New York City’s “ban the box” law (“Ban-the-Box Law”),...more

NYC Commission on Human Rights Issues Enforcement Guidance for Newly Effective Credit Check Law

On September 3, 2015, the amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting the use of credit checks in employment (“Credit Check Law”) became effective. On the same day, the New York City Commission on...more

U.S. Department of Labor Offers New Insight on the Misclassification of Independent Contractors

As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation...more

New York State Department of Labor Issues Proposed Rules for Payroll Debit Cards

The New York State Department of Labor (“NYSDOL”) recently announced that it had published proposed regulations (“Proposed Regulations”) governing employers’ use of payroll debit cards as a permissible method of wage payment....more

Second Circuit Adopts “Primary Beneficiary” Test to Determine Whether Interns Fall Outside the Statutory Definition of “Employee”

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit reversed a federal district court decision that had held that certain unpaid interns should have been classified and paid as employees under both the federal...more

7/8/2015

New York City Expected to Ban the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council passed an amendment (“Amendment”) to the New York City Human Rights Law (“NYCHRL”) that, if signed into law, would make it an unlawful discriminatory practice for employers to use...more

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