Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. Now that employees are settling into longer-term remote working arrangements, employers are...more
Seyfarth Synopsis: New York City Mayor Bill de Blasio signed an executive order requiring “all transitory hotels, motels, inns, dwellings offered for ‘short term rental’” to inquire whether guests have traveled from a state...more
8/25/2020
/ AirBnB ,
Coronavirus/COVID-19 ,
Executive Orders ,
Hospitality Industry ,
Hotels ,
Infectious Diseases ,
Quarantine ,
Rental Property ,
Short-Term Lease ,
State and Local Government ,
Travelers ,
Vacation Rentals
Seyfarth Synopsis: By eliminating two interpretive regulations, the U.S. Department of Labor expanded the number of employers that may qualify as a “retail or service establishment” under Section 7(i)’s exemption of the Fair...more
Seyfarth Synopsis: On April 13, 2020, Governor Cuomo issued Executive Order (“EO”) 202.16, requiring employers to provide essential workers with face coverings to wear when in direct contact with customers or the public.
...more
Seyfarth Synopsis: Governor Cuomo issued Executive Order (“EO”) 202.5 on March 18, 2020 that waives the unemployment waiting period, modifies certain pre-hire requirements for health care and childcare worker to ensure...more
3/23/2020
Seyfarth Synopsis: On March 18, 2020, Governor Cuomo issued Executive Order 202.6 (“EO 202.6) that, among other things, required non-essential businesses to reduce their in-person workforce at any work location by 50%. EO...more
3/23/2020
Late Friday night, Governor Cuomo signed the anticipated Executive Order 202.8, which, among other things, requires a 100% reduction of the in-person workforce of all non-essential businesses in New York State. ...more
Seyfarth Synopsis: During a press conference mid-morning today, Governor Cuomo announced that he would be issuing an Executive Order requiring a 100% reduction for non-essential businesses. This Executive Order has not yet...more
Seyfarth Synopsis: The New York City Commission on Human Rights (the “City Commission”) has amended its guidance concerning the annual anti-sexual harassment training requirement under the Stop Sexual Harassment in NYC Act. ...more
2/28/2020
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Harassment ,
Hostile Environment ,
Human Rights ,
Independent Contractors ,
Local Ordinance ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
Training
Seyfarth Synopsis: In a clarification of the administrative/production dichotomy, the U.S. Circuit Court of Appeals for the Seventh Circuit has held that whether a duty is exempt under the FLSA’s administrative exemption may...more
2/11/2020
/ Administrative Exemption ,
Appeals ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Facebook ,
Interlocutory Appeals ,
Job Duties ,
Misclassification ,
Revenue ,
Summary Judgment ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: The New Jersey bill that aims to push gig-economy workers and other independent contractors into the definition of “employees” was briefly paused at the end of the prior legislative session, but is expected...more
1/16/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Lame Duck Session ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: The New York State Division of Human Rights has issued guidance concerning two aspects of the recently amended anti-discrimination law in New York: the “notice” employers are required to distribute at the...more
11/12/2019
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Labor Regulations ,
Local Ordinance ,
NYCHRL ,
Retaliation ,
Sexual Harassment
Seyfarth Synopsis: As expected, Governor Cuomo signed another landmark piece of legislation amending New York’s anti-discrimination and sexual harassment laws. Not only does the law significantly expand the protections...more
8/15/2019
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employer Liability Issues ,
Employment Policies ,
Faragher/Ellerth defense ,
New Legislation ,
NYSHRL ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: The New York State Legislature has passed, and Governor Andrew M. Cuomo is expected to sign, a bill amending the state’s anti-discrimination and anti-harassment laws. The legislation significantly expands...more
6/26/2019
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employer Liability Issues ,
Faragher/Ellerth defense ,
Harassment ,
Hostile Environment ,
Human Rights Act ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Regulatory Standards ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: Yesterday the Supreme Court issued a 5-4 decision in the Lamps Plus, Inc. v. Varela class action arbitration case. The holding and rationale are important to employers because the Court decisively ruled...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Corporate Counsel ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
Seyfarth Synopsis: The Stop Sexual Harassment in NYC Act requires employers with 15 or more employees to conduct annual, interactive anti-sexual harassment training. The law went into effect April 1, 2019. ...more
4/11/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Hostile Environment ,
Local Ordinance ,
Regulatory Oversight ,
Regulatory Requirements ,
Sexual Harassment ,
Small Employers ,
State and Local Government
Seyfarth Synopsis: In response to the #MeToo movement, several states have passed legislation aimed at combatting workplace sexual harassment. ...more
3/28/2019
/ #MeToo ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Hostile Environment ,
New Legislation ,
Non-Disclosure Agreement ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: In compliance with legislation passed last year, the New York City Commission on Human Rights has released model lactation accommodation policies and a model lactation accommodation request form, which...more
Seyfarth Synopsis: New York City has amended the City Human Rights Law to prohibit employment discrimination and harassment based on an individual’s sexual and reproductive health choices. The amendment will go into effect...more
Seyfarth Synopsis: The NYSDOL recently announced that it will no longer pursue regulations that, if adopted, would have required most NYS employers to provide call-in pay to employees for hours they do not work under a...more
Seyfarth Synopsis: New York’s Paid Family Leave program continues to expand in 2019 and employers should be aware of important updates, including the increase to 10 weeks of leave...more
Seyfarth Synopsis: Effective March 18, 2019, New York City employers will be required to ensure their lactation rooms meet additional minimum standards and implement a new policy informing employees about the existence of a...more
Seyfarth Synopsis: The New York State Department of Labor recently published proposed regulations that, if adopted, will require many employers to provide “call-in pay” to employees for hours they do not work....more
Seyfarth Synopsis: On December 3, 2018, the New Jersey Senate Labor Committee unanimously advanced a bill that would require covered hotels to provide “panic devices” to certain employees. New Jersey joins the increasing...more
12/17/2018
/ Anti-Harassment Policies ,
Employee Rights ,
Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Legislative Agendas ,
Pending Legislation ,
Sexual Assault ,
Sexual Harassment ,
State and Local Government ,
Workplace Safety
Seyfarth Synopsis: Recently passed “Mother’s Day bills” will require employers to provide lactation rooms to employees expressing milk and to implement a policy informing employees about the right to a lactation room and...more