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
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
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
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
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
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
New York has amended its Limited Liability Company Law (LLC Law) to hold the top 10 members of a foreign limited liability company liable for wages owed as a result of work performed within New York State, effective February...more
12/17/2019
/ Amended Legislation ,
Employer Liability Issues ,
Labor Law Violations ,
Liability ,
Limited Liability Company (LLC) ,
Out-of-State Companies ,
Personal Liability ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
In 2017 and 2018, the New York State Department of Labor (NY DOL) issued two sets of proposed regulations to amend the Minimum Wage Order for Miscellaneous Industries and Occupations, which governs most employers in New York...more
It has never been easy for businesses to keep up with and ensure compliance with New York State’s and New York City’s employment laws, but calendar year 2018 presented a unique amount of new challenges for employers. ...more
1/31/2019
/ #MeToo ,
Criminal Penalties ,
Gender Identity ,
Legislative Agendas ,
Minimum Wage ,
Proposed Legislation ,
Protected Class ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules
On December 7, 2018, the New York Department of Labor (NYDOL) proposed a new set of “predictable scheduling” regulations in an effort to discourage on-call shifts and require employers to pay employees for cancelled shifts....more
On November 8, 2018, the U.S. Department of Labor (DOL) reissued and adopted a nearly decade-old opinion letter to clarify how employers must pay tipped employees who perform dual jobs. ...more
11/12/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Job Duties ,
Opinion Letter ,
Regulatory Oversight ,
Regulatory Requirements ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
Enacted this past January, New York City’s “Temporary Schedule Change” law becomes effective on July 18, 2018. The law provides employees with the right to request two temporary schedule changes per calendar year for...more
On Tuesday, June 19, 2018, residents of the District Columbia voted to approve Initiative 77, which will incrementally phase out the “tip credit” that many employers use as an offset towards their minimum wage obligations to...more
6/22/2018
/ Ballot Measures ,
Employer Liability Issues ,
Food Service Workers ,
Minimum Wage ,
Pending Legislation ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On March 27, 2018, President Donald Trump signed into law Congress’s $1.3 trillion, 2,232-page omnibus budget bill, the Consolidated Appropriations Act, 2018. ...more
4/12/2018
/ Consolidated Appropriations Act (CAA) ,
Department of Labor (DOL) ,
Deregulation ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
On December 19, 2017, on the heels of the effective date of the New York City Fair Workweek Act, the New York City Council passed another scheduling law that provides employees with additional rights to demand changes to...more