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
New York State has launched two statewide, toll-free “hotlines” that aggrieved individuals can use to confidentially report workplace issues.
The first hotline, which addresses sexual harassment, was announced on July 19...more
The New York City Council has passed a bill that – when signed into law – will push the effective date of New York City’s wage transparency law back to Nov. 1, 2022 from the original date of May 15, 2022.
...more
In less than one year, any employer in New York City that uses automated tools to screen job applicants must demonstrate that an annual bias audit has been completed to continue using such tools.
The law, which takes...more
Employers advertising for jobs in New York City will soon be required to include the salary range for the position in their advertisements.
On December 15, 2021, the New York City Council passed an amendment to the New...more
On October 29, 2021, the Wage and Hour Division of the U.S. Department of Labor (DOL) published the last provisions of its “Tip Regulations Under the Fair Labor Standards Act,” also known as the 2020 Final Tip Rule.
As...more
New York City Council has passed a package of six bills that together regulate nearly every aspect of the relationships between third-party food delivery services and their delivery workers within New York City. The bills,...more
On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA).
These new rules would reinstate the so-called “80/20” rule under...more
New York appears poised to enact a modified version of legislation that would create potential liability for general contractors when their subcontractors fail to properly pay their employees.
As noted in our prior...more
6/3/2021
/ Construction Industry ,
General Contractors ,
Governor Cuomo ,
Independent Contractors ,
Liability ,
Payroll Records ,
State Attorneys General ,
State Labor Laws ,
Subcontractors ,
Unpaid Wages ,
Wage and Hour
New York City hospitality employers face a myriad of requirements under federal, state, and local laws.
This employment law "checklist" provides a guide for such businesses in order to ensure that they are onboarding new...more
5/7/2021
/ Children's Health Insurance Program (CHIP) ,
Compliance ,
Employee Handbooks ,
Employment Authorization Documents (EAD) ,
Fair Credit Reporting Act (FCRA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Hospitality Industry ,
New York ,
Paid Leave ,
Paid Time Off (PTO) ,
Personnel Records ,
Policies and Procedures ,
Separation Agreement ,
State and Local Government ,
State Labor Laws ,
Termination ,
Wage and Hour ,
Wage Statements
In a victory for employers, the Second Circuit held that plaintiffs seeking to invoke the expansive three-year statute of limitations in the Fair Labor Standards Act (FLSA) must plead specific facts to support a claim that an...more
On April 7, 2021, the U.S. Department of Labor (DOL) issued much needed guidance to employers and their COBRA administrators on the “COBRA premium subsidy” provision of the American Rescue Plan Act (ARPA). This provision...more
The United States Department of Labor (DOL) issued a final rule (Final Rule) on December 22, 2020, addressing tipped employees and the Fair Labor Standards Act (FLSA). The Final Rule was implemented as a result of the...more
On December 17, 2020, New York City Council passed amendments to the Fair Work Practices chapter of the New York City Administrative Code, referred to as the “Fair Work Week Law,” that will significantly alter the...more
12/22/2020
/ At-Will Employment ,
Failure to Perform ,
Fair Workweek ,
Fast-Food Industry ,
Hiring & Firing ,
Just Cause ,
Layoffs ,
Restaurant Industry ,
Seniority ,
Wage and Hour ,
Work Schedules
As we approach the end of the year, it is critical to remember and implement the new legal requirements that go into effect in New York on December 31, 2020 and shortly thereafter. Failure to comply with these requirements...more
12/15/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
New York ,
Paid Sick Leave Act ,
Rate of Pay ,
Sick Leave ,
State Labor Laws ,
Tipped Employees ,
Uniforms ,
Wage and Hour ,
Wages
The New York State Department of Labor (DOL) published proposed regulations on December 9 that provide more details on the recently enacted New York State Sick Leave Law (NYSSL), which imposes sweeping paid sick leave...more
Considering that many furloughs and layoffs are approaching six months in length (and are likely to last longer), employers need to reassess whether they are now required to issue employment-related notices under New York...more
9/8/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Furloughs ,
Hiring & Firing ,
Layoff Notices ,
Layoffs ,
New York ,
Notice Requirements ,
State and Local Government ,
Wage and Hour ,
WARN Act
The New York legislature passed the State Budget on April 2, 2020, which contains a provision amending the New York Labor Law to create a general paid sick leave program for employees. Gov. Andrew Cuomo signed the legislation...more
The United States Court of Appeals for the Second Circuit recently rejected an assertion by employees that they were entitled to the proceeds of the delivery fee charged by their grocery store employer. In its March 5 ruling...more
New York City’s Fair Workweek Law survived a challenge on Feb. 13 when Justice Arthur Engoron of the Supreme Court of the State of New York, New York County rejected a suit brought by a coalition of industry groups.
While...more
The New York Department of Labor recently issued guidance to clarify the parameters of its prohibition on employers (or their agents) asking for any information about a job applicant’s salary history.
The ban on salary...more
A recent New York appellate ruling validates the New York Department of Labor’s (DOL) regulations limiting the use of pay cards to pay employees their wages. Unless this decision is appealed to the New York Court of Appeals,...more
New York rang in the new year with a pair of significant labor law developments. Governor Andrew Cuomo announced on December 31 that the Department of Labor would end the tip credit for “miscellaneous” industries by the end...more
As we approach the end of the year, it is critical to remember and implement some of the new legal requirements that go into effect in New York on December 31, 2019. Failure to comply with these requirements could subject an...more
As detailed in a prior Alert, the Westchester County Board of Legislators passed a stand-alone safe leave law in May 2019 that provides employees who are victims of domestic violence or human trafficking with 40 hours of paid...more