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
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
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
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
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
While most people will not be sad to leave 2020 behind, employers across much of New York State will see an increase to their labor costs in 2021, even though much of the state is navigating recession-like conditions caused...more
On Tuesday, December 15, 2020, the New York City Council’s Committee on Civil Service and Labor voted to approve two bills, Proposed Int. No. 1415-A and Proposed Int. No. 1396-A, that would fundamentally alter the...more
12/17/2020
/ At-Will Employment ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Just Cause ,
Labor Regulations ,
Local Ordinance ,
Regulatory Agenda ,
State and Local Government ,
Termination
For over a year, New York State employers harbored concerns that New York State would enact rules that would eliminate their ability to apply a tip credit towards the wages of employees who earn tips. ...more
1/2/2020
/ Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
Municipalities ,
NYDOL ,
Resorts & Restaurants ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Orders ,
Wages
In recent years both New York State and New York City have actively amended their anti-discrimination laws to expand worker protections. For example, both the state and city have passed laws requiring most employers to...more
9/16/2019
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Local Ordinance ,
NYCHRL ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Harassment ,
State and Local Government