The New York Department of Labor (NYDOL) recently added a frequently asked questions (FAQs) section to its prenatal leave webpage, providing additional insight into the department’s interpretation of a new state law that...more
The U.S. District Court for the Eastern District of Texas recently vacated the U.S. Department of Labor’s (DOL) regulations issued in April 2024 that increase the salary threshold necessary to satisfy the Executive,...more
As we approach the start of a new year, New York employers should prepare for several wage-related adjustments that will take place on Jan. 1, 2025. Along with an increase to the state’s hourly minimum wage rates, there are...more
The New York City Council passed on Oct. 23, 2024 the Safe Hotels Act, which seeks to establish a licensing program for New York City hotels. Mayor Eric Adams is expected to sign this legislation into law. As discussed in...more
New York retail businesses with 10 or more employees have less than six months to prepare for new workplace violence prevention requirements included in the state’s recently passed Retail Workers Safety Act (RWSA). The law...more
The U.S. Court of Appeals for the 5th Circuit recently vacated the U.S. Department of Labor’s (DOL) latest provisions of its Tip Regulations Under the Fair Labor Standards Act, colloquially known as the 80/20/30 Rule through...more
8/29/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Job Duties ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Restaurant Industry ,
Statutory Interpretation ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The U.S. Department of Labor (DOL) issued its final regulations on April 23, 2024 that increase the salary threshold level necessary to exempt certain employees from the Fair Labor Standards Act’s (FLSA) minimum wage and...more
New York City employers will soon need to post and otherwise distribute a new Worker’s Rights poster. The new poster, recently released by The New York City Department of Consumer and Worker Protections, includes a QR code...more
As explained in our previous alert, in October 2023, after Gov. Kathy Hochul signed into law increases to New York’s minimum wage, the New York State Department of Labor (NY DOL) issued proposed changes to the tip credit,...more
12/28/2023
/ Exempt-Employees ,
Minimum Wage ,
New York ,
NYDOL ,
Over-Time ,
Rate of Pay ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Uniforms ,
Wage and Hour
Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free” Act (the Act), which aims to provide freelance workers certain protections across the state.
New York employers who use freelancers or independent...more
New York State recently enacted further restrictions limiting language that can be contained in employment-related release agreements (including severance, separation, and settlement agreements). The changes, which were...more
Governor Kathy Hochul signed into law in May increases to New York’s minimum wage that will occur over the next few years. The first increase is set to take effect on January 1, 2024. Additional increases to the minimum wage...more
The New York Department of Labor (NYDOL) has issued proposed regulations related to New York’s Pay Transparency Law, which are open for comment until November 12, 2023. In addition, the NYDOL issued a fact sheet and a set of...more
The U.S. Department of Labor (DOL) proposed rules on August 30, 2023, to raise the salary threshold level necessary to exempt certain employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay...more
9/1/2023
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On May 23, 2023, Evanston, Illinois, a Chicago suburb, enacted the Evanston Fair Workweek Ordinance, which imposes a sweeping, predictive scheduling obligation on employers to provide employees with advance notice of work...more
6/2/2023
/ Collective Bargaining ,
Employee Rights ,
Fair Workweek ,
Food Service Workers ,
Hospitality Industry ,
Illinois ,
Recordkeeping Requirements ,
Retailers ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
As part of the state’s 2023-2024 budget deal, Gov. Kathy Hochul signed into law an increase to New York’s minimum wage. In fact, the minimum wage will increase to $17.00 per hour for most New York State employers by Jan. 1,...more
Connecticut businesses have until August 31, 2023 to offer a retirement savings plan to employees. In 2016, the Connecticut General Assembly enacted Public Act 16-29, which created the Connecticut Retirement Security...more
The New York City Department of Consumer and Worker Protection (DCWP) issued a Final Rule on April 6, 2023, in an effort to provide guidance to employers subject to the City’s Automated Employment Decision Tool (AEDT) Law,...more
A recent United States Supreme Court decision, Helix Energy Solutions Group, Inc. v. Hewitt, held that to qualify for the highly compensated employee exemption to the overtime requirements under the Fair Labor Standards Act...more
In addition to the increasing number of posters employers are required to physically display, effective December 16, 2022, New York employers must now furnish all employees with digital copies of all required posters via...more
New York Gov. Kathy Hochul has signed the New York Pay Transparency Law (S.9427/A.10477). The law, which was signed Dec. 22, 2022 and will take effect Sept. 18, 2023, will require most employers to provide salary ranges for...more
As COVID-19 cases increase in New York, employers are reminded that the state continues to mandate paid COVID-19 sick leave in most cases. Unlike paid COVID-19 leave under the Federal Families First Coronavirus Response Act,...more
Starting February 19, 2023, New York employers will be prohibited from retaliating against employees who take lawful absences pursuant to federal, state or local law. Employers are advised to review their leave of absence...more
On November 1, 2022, all New York City employers with four or more employees and employment agencies of all sizes must state the salary range or rate of pay when advertising a job, promotion or transfer opportunity. A similar...more
On Labor Day, with support from prominent unions, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which will significantly affect fast-food restaurants in the...more
9/14/2022
/ Fast-Food Industry ,
Food Service Workers ,
Franchisee ,
Franchises ,
Franchisors ,
Governor Newsom ,
Minimum Wage ,
Referendums ,
State Labor Laws ,
Wage and Hour ,
Wages ,
Workplace Safety