The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more
1/16/2025
/ Compliance ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Rights ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Paid Leave ,
Paid Time Off (PTO) ,
State Labor Laws ,
Wage and Hour
Effective June 19, 2024, the New York State Labor Law (“NYSLL”) is amended to require employers to provide 30 minutes of paid break time for breast milk expression.
As we previously reported, the amendment was signed...more
On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations...more
1/26/2024
/ Appropriations Bill ,
Asset Seizure ,
Coronavirus/COVID-19 ,
Disability Leave ,
Employee Benefits ,
Family and Medical Leave Act (FMLA) ,
Liquidated Damages ,
New York ,
NYDOL ,
Paid Leave ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
State Budgets
Maine has become the latest state to enact a paid family and medical leave law. The law (as amended prior to enactment), which will cover all employers with one or more employees working in Maine, establishes a state-managed...more
There is no doubt that 2022 was an eventful year in employment law. In this post, we review some key developments from the prior year that employers should be aware of and hot topics to watch out for as we move forward into...more
1/9/2023
/ Artificial Intelligence ,
Data Collection ,
Diversity ,
Employee Monitoring ,
Fast-Food Industry ,
Independent Contractors ,
Job Ads ,
Mandatory Arbitration Clauses ,
Misclassification ,
Non-Disclosure Agreement ,
OFCCP ,
Paid Leave ,
Pay Transparency ,
Private Attorneys General Act (PAGA) ,
Sexual Assault ,
Sexual Harassment
With the arrival of the new year comes the effective date of many new leave laws (and expansion of existing leave laws) across the United States. Below we summarize family and sick leave laws that will take effect across...more
12/26/2022
/ California ,
Colorado ,
Employer Liability Issues ,
Employment Policies ,
Leave of Absence ,
New York ,
Oregon ,
Paid Family Leave Law ,
Paid Leave ,
Policies and Procedures ,
Popular ,
Sick Leave ,
State and Local Government
New York Governor Kathy Hochul has signed into law a bill extending the State’s COVID vaccine paid leave law for an additional year, to December 31, 2023.
As we previously reported, the law requires New York employers to...more
New York Governor Kathy Hochul signed into law an amendment to the New York Paid Family Leave Law (NYPFLL), which will allow employees to take leave to care for siblings with a serious health condition....more
In this episode of The Proskauer Brief, partners Harris Mufson, Evandro Gigante, and Allan Bloom discuss key potential employment law changes under the Biden Administration. Tune in as we explore an evolving legal landscape...more
On January 20, 2021, the New York State Department of Labor issued new guidance on the state’s COVID-19 leave law, which requires that employers provide up to 14 days of job-protected leave to employees who are subject to a...more
New York State has released an informal guidance page, including frequently asked questions, regarding the newly enacted statewide paid sick leave law, which took effect on September 30, 2020....more
11/2/2020
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Leave of Absence ,
New Guidance ,
Paid Leave ,
Paid Sick Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
As we previously reported, the New York State paid sick leave law will take effect, and covered employees will begin accruing leave time, on September 30, 2020. However, employees may be restricted from utilizing accrued sick...more
On September 11, 2020 the U.S. Department of Labor (“DOL”) issued revised Families First Coronavirus Response Act (“FFCRA”) regulations in response to a federal court decision striking down certain portions of its previous...more
9/18/2020
/ Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family Medical Leave ,
Health Care Providers ,
Intermittent Leave ,
New York ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave ,
Required Documentation ,
Temporary Regulations
As we have previously reported, the Families First Coronavirus Response Act (FFCRA), which remains in effect through December 31, 2020, provides, among other things, that eligible employees can take up to 12 weeks of FMLA...more
8/29/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Guidance Update ,
Paid Leave ,
Popular ,
Public Health Emergency ,
Public Schools ,
Re-Opening Guidelines ,
School Closures
On August 3, Judge Paul Oetken of the Southern District of New York issued a decision invalidating various portions of the Department of Labor’s rules implementing the federal Families First Coronavirus Response Act...more
8/13/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family Medical Leave ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
Lack of Authority ,
Paid Leave ,
Paid Sick Leave ,
Partial Reversal ,
Vacated ,
Work Availability Requirement
On May 12, 2020, the U.S. House of Representatives introduced the Health and Economic Recovery Omnibus Emergency Solutions Act (“HEROES Act”), which, among other things, would significantly expand coverage and benefits...more
5/16/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Leave ,
Proposed Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Wage and Hour
On April 10, 2020, the Department of Labor (“DOL”) released corrections to the regulations implementing the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”)...more
*** Last updated March 28, 2020 ***
The recently-passed Family First Coronavirus Response Act (FFCRA), which provides paid sick leave and emergency family leave, has raised many questions for employers. The US Department...more
On March 14, 2020, the U.S. House of Representatives overwhelmingly passed H.R. 6201, also known as the Family First Coronavirus Response Act (the “Family First Act”), in an effort to provide emergency relief and support...more
3/17/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Leave ,
Paid Sick Leave Act ,
Proposed Legislation ,
State of Emergency ,
Tax Credits
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more
12/27/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration Agreements ,
Artificial Intelligence ,
Data Privacy ,
DFEH ,
Drug Testing ,
Employee Training ,
Employer Liability Issues ,
Exemptions ,
Federal Arbitration Act ,
Gender Identity ,
Local Ordinance ,
Medical Marijuana ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
NYSHRL ,
Paid Leave ,
Preemption ,
Right to Privacy ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
SHIELD Act ,
State Labor Laws ,
Statute of Limitations ,
Title VII
Another Election Day is just around the corner. And with nearly every state having at least one law addressing voting leave and/or other political-related activities, it can be easy to get tripped up in the details. In...more
The San Antonio, Texas City Council has approved revisions to the city’s sick and safe leave ordinance, which is now scheduled take effect on December 1, 2019. ...more
Oregon is the latest state to enact a paid family and medical leave law. The law, which will cover all employers with one or more employees working in Oregon, establishes a state-managed insurance program with employers and...more
7/24/2019
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Contributions ,
Employer Contributions ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws
Implementation of the City of San Antonio’s paid sick leave ordinance has been delayed pending a legal challenge, less than two weeks before the ordinance’s scheduled effective date of August 1, 2019....more
Under the Act, beginning in early 2022, employees will be eligible to receive partial pay benefits during leave taken under the existing Connecticut Family and Medical Leave Act (“CFMLA”). Covered reasons for leave under the...more