Seyfarth Synopsis: The Board has recently revised its interpretation of two key provisions of the New York Paid Family Leave (“PFL”) Law: First, by allowing employers to use the employee’s weekly wage as opposed to the...more
Seyfarth Synopsis: Three Republicans from the House of Representatives hailing from states with paid family and sick leave laws have sponsored the Workflex in the 21st Century Act, signaling increasing frustration with the...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: The New York State Department of Taxation and Finance recently issued guidance on the tax treatment of New York State Paid Family Leave employee contributions and the PFL benefit. The guidance directs that...more
Seyfarth Synopsis: The final regulations were released for the New York Paid Family Leave law, which will be effective January 1, 2018. The regulations contain few substantive changes from the revised proposed regulations,...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: The New York State Department of Financial Services has set the amount of the maximum weekly employee contribution at 0.126% of an employee’s average weekly wage or the statewide average weekly wage,...more
Seyfarth Synopsis: On May 25, 2017, the Workers’ Compensation Board, incorporating comments from Seyfarth Shaw LLP and other industry groups, proposed another set of revised regulations for New York’s Paid Family Leave Law. ...more
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 Workers’ Compensation Board issued proposed regulations for New York’s Paid Family Leave Law (“PFL”). The regulations provide much needed guidance on many key areas of the law, including eligibility...more
Seyfarth Synopsis: The Freelance Isn’t Free Act, granting protections for freelancers in New York City, was signed by Mayor De Blasio on November 16, 2016. The law, on which we previously reported in detail here, will go...more
Seyfarth Synopsis: The “Freelance Isn’t Free Act,” passed by the New York City Council on October 28, 2016 requires, among other things, a written contract for services between a hiring party and a freelance worker in most...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
New York will increase its minimum wage to $15.00 an hour in gradual increases, beginning December 31, 2016. In keeping with the wave of new legislation in states and cities across the country, New York also passed the Paid...more
4/20/2016
/ Governor Cuomo ,
Hospitality Industry ,
Minimum Wage ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Paid Leave ,
Penalties ,
Reinstatement ,
Vacation Leave ,
Wage and Hour
As we previously reported, this past August, the D.C. Circuit Court of Appeals upheld the Department of Labor’s Final Rule imposing sweeping changes to the former companionship exemption under the Fair Labor Standards Act. ...more
After almost fourteen months of legal challenges, the U.S. Department of Labor has emerged victorious in its attempt to modify the FLSA’s companionship exemption. On August 21, the U.S. Court of Appeals for the D.C. Circuit...more
As we reported earlier this year, the U.S. Department of Labor has been fighting nearly 14 months of legal challenges in connection with its attempt to modify the FLSA’s companionship exemption. On Friday, the U.S. Circuit...more
8/25/2015
/ Companionship Exemptions ,
Department of Labor (DOL) ,
Domestic Workers ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Healthcare ,
Home Healthcare Workers ,
Minimum Wage ,
Third-Party Agents ,
Unpaid Overtime ,
Wage and Hour
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