On December 3, 2023, the New York City Council passed a bill requiring the Department of Consumer and Worker Production (DCWP), in coordination with the Mayor’s Office of Immigrant Affairs (MOIA), the New York City Commission...more
Earlier this year, New York State joined a growing number of states and cities that have passed laws mandating salary disclosure when advertising open positions. New York’s salary transparency law requires employers to post...more
9/20/2023
/ Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New York ,
Pay Transparency ,
Proposed Regulation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
On May 23, 2023, Evanston, Illinois joined the state of Oregon and cities in California (Berkeley, Emeryville, Los Angeles, and San Francisco); Illinois (Chicago); New York (New York City); Pennsylvania (Philadelphia); Texas...more
5/26/2023
/ Employee Rights ,
Employer Liability Issues ,
Fair Workweek ,
Food Service Workers ,
Hospitality Industry ,
Illinois ,
Labor Reform ,
Local Ordinance ,
Notice Requirements ,
Wage and Hour ,
Work Schedules
After several rounds of public comment and revision, on April 5, 2023 New York City published final regulations implementing its first-in-the-nation ordinance that regulates the use of AI-driven hiring tools (Local Law 144 of...more
4/14/2023
/ Adverse Employment Action ,
Artificial Intelligence ,
Bias ,
City of New York ,
Employer Liability Issues ,
Employment Discrimination ,
Final Rules ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Machine Learning ,
Regulatory Agenda
Berkeley, California recently joined Los Angeles, San Francisco and Emeryville, California; New York City; Philadelphia; Chicago; Seattle; Euless, Texas; and Oregon as jurisdictions that have enacted “fair workweek”...more
Los Angeles, California recently joined San Francisco and Emeryville, California; New York City; Philadelphia; Chicago; Seattle; Euless, Texas; and Oregon as jurisdictions that have enacted “fair workweek” legislation. The...more
2/9/2023
/ California ,
City of Los Angeles ,
Corporate Counsel ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Fair Workweek ,
Franchises ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
Retailers ,
Wage and Hour ,
Work Schedules
On December 21, 2022, Governor Kathy Hochul signed New York State's compensation transparency bill into law, making New York the fourth state to enact wage transparency requirements for job postings. This statewide law...more
New York City is deferring enforcement of its first-in-the-nation regulation of the use of AI-driven hiring tools (Local Law 144 of 2021), which was initially slated to go into effect on January 1, 2023. This past Friday...more
New York State Governor Kathy Hochul recently signed into law eight pieces of legislation designed to combat human trafficking. These laws require many hospitality industry employers to provide specific anti-human-trafficking...more
The New York State Senate is poised to pass an employee-friendly bill that would amend New York’s lien law to enable employees to, upon filing a wage claim, obtain a temporary lien against their employer’s (or alleged...more
Four months ago, New York City became the second jurisdiction in the country to require employers to include the minimum and maximum potential salaries for open positions in job postings. While passed with the intention of...more
4/29/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
On April 14, 2022, New York City Council Member Christopher Marte, along with Public Advocate Jumaane Williams, introduced legislation that would amend the New York City Fair Workweek law (“FWWL”), which currently applies...more
In a series of significant recent decisions, Judge Pamela K. Chen of the U.S. District Court, Eastern District of New York, held that federal courts lack jurisdiction to hear claims alleging violations of New York’s wage...more
New York City Mayor Eric Adams on Tuesday, January 4, 2022, signed an executive order intended to support small businesses amid the COVID-19 pandemic. Executive Order 2, titled “Small Business Forward: Review and Reform of...more
New York City marked the end of 2021 by enacting a law that will make it challenging, if not infeasible, to use a broad swath of algorithmic, computerized tools to review, select, rank or eliminate candidates for employment...more
12/28/2021
/ Algorithms ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Machine Learning ,
New Regulations ,
New York ,
Popular
On December 15, 2021, the full city council approved a bill that would amend the New York City Human Rights Law in a way that would fundamentally alter the way job advertisements are posted. ...more
12/17/2021
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Minimum Salary ,
New York ,
NYCHRL ,
Salaried Employees ,
Salary Caps
Last month, New York Governor Kathy Hochul signed legislation, S.2766C/A.3350A, that automatically makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to...more
The New York City Council, on September 23, 2021, approved a set of bills that could significantly affect the working conditions of hotel workers and delivery drivers. City councilmembers and workers’ groups have cited...more
The U.S. Department of Labor published a final rule on September 23, 2021 clarifying several amendments to section 3(m) of the Fair Labor Standards Act (FLSA) that concern tip pooling. The final rule reestablishes the DOL’s...more
9/29/2021
/ Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Labor Reform ,
Labor Regulations ,
Restaurant Industry ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
As we previously reported, in an effort to prevent occupational exposure to an airborne infectious disease, the New York legislature on May 5, 2021 passed the New York Health and Essential Rights Act, or NY HERO Act, which...more
In an effort to prevent occupational exposure to an airborne infectious disease, the New York legislature has passed the aptly named New York Health and Essential Rights Act, or NY HERO Act, which amends the New York Labor...more
In the wake of the ongoing COVID-19 pandemic, New York and New Jersey have adopted legislation to benefit airport workers. The Healthy Terminals Act in both states will boost wages and access to healthcare for airport workers...more
In an effort to prevent the occupational exposure to an airborne infectious disease, the New York legislature has passed the aptly named New York Health and Essential Rights Act, or NY HERO Act, which amends the New York...more
4/30/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Policies and Procedures ,
Regulatory Requirements ,
Risk Management ,
Safety Management Systems ,
State and Local Government ,
Workplace Safety
On January 15, 2021, the U.S. Department of Labor issued two opinion letters addressing tip-related issues. The first, FLSA2021-4, addresses whether, and in what circumstances, a restaurant that takes a tip credit for its...more
1/20/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
On December 22, 2020, the U.S. Department of Labor (DOL) issued a final rule solidifying tip credit issues under the Fair Labor Standards Act (FLSA). The rule becomes effective 60 days after its publication in the Federal...more
12/24/2020
/ Consolidated Appropriations Act (CAA) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Labor Reform ,
Labor Regulations ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Wage and Hour