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: 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: 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: 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: 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: 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
Seyfarth Synopsis: Effective October 6, 2017, the New York Department of Labor issued an emergency regulation amending the Miscellaneous Minimum Wage Order, which is designed to undermine two recent Appellate Division rulings...more
Seyfarth Synopsis: The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“Second Department”) joined the First Department in finding that home healthcare employees who work 24-hour...more
Seyfarth Synopsis: Regulatory rules issued in connection with New York City’s Freelance Isn’t Free Act seek to prohibit arbitration of claims under the Act and class action waivers in contracts covered by the law. U.S....more
7/14/2017
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Employee Definition ,
Employer Liability Issues ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Local Ordinance ,
New Legislation ,
Wage and Hour
Seyfarth Synopsis: A New York appeals court held that home healthcare employees who work overnight shifts are entitled to pay for all hours in a client’s home in a 24-hour period—including sleep and meal periods. The...more
Seyfarth Synopsis: The New York Department of Labor has recently adopted final rules, effective March 7, 2017, which regulate methods of wage payment in the state. The regulations impose notice, consent, and related...more
Last week, the Second Circuit heard oral arguments in Berman v. Neo@Ogilvy, a case that places squarely before the Court the question of who is a “whistleblower” within the meaning of the Dodd-Frank Act Wall Street Reform and...more