Seyfarth Synopsis: The minimum wage will increase for New Jersey employers effective January 1, 2021. It is also that time of year when we remind our clients with operations in New Jersey of their obligation to distribute...more
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2020. ...more
Effective November 11, 2020, New York amended its Worker Adjustment and Retraining Notification Act (“NY WARN Act”) by expanding the government entities that must receive notice of a NY WARN Act triggering event, such as a...more
11/20/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Hiring & Firing ,
Infectious Diseases ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
State and Local Government ,
State Labor Laws ,
WARN Act
Seyfarth Synopsis: On February 18, 2020, Governor Phil Murphy announced proposed legislation amending New Jersey’s anti-workplace harassment laws for both public and private employers. ...more
2/21/2020
/ Anti-Discrimination Policies ,
Employee Definition ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
Labor Regulations ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
Seyfarth Synopsis: On the heels of becoming the first state to mandate severance for workers laid off as part of a mass layoff, New Jersey just may become the second state to pass a statewide predictable scheduling law if a...more
2/10/2020
/ Collective Bargaining Agreements (CBA) ,
Covered Employees ,
Employee Rights ,
Employer Liability Issues ,
Fair Workweek ,
Labor Regulations ,
Legislative Agendas ,
Notice Requirements ,
Proposed Legislation ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: The New York State Department of Labor has issued guidance concerning the recently enacted Salary History Ban. The guidance covers, among other topics, whether employers can consider the salaries of...more
1/27/2020
/ Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New Guidance ,
Pay Equity Laws ,
Pay Gap ,
Risk Management ,
Salary/Wage History ,
State and Local Government ,
State Labor Departments ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Governor Murphy signed 153 bills into law on January 20, 2020, including six (6) that increase enforcement mechanisms for state agencies to impose certain penalties against employers who misclassify workers...more
1/27/2020
/ Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Penalties ,
Posting Requirements ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Stop Work Orders ,
Wage and Hour ,
Wage Theft
Seyfarth Synopsis: A proposed amendment to New York State regulations would eliminate the “tip credit” for a wide variety of workers....more
1/6/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Job Duties ,
Labor Regulations ,
Minimum Wage ,
New Guidance ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Orders
Seyfarth Synopsis: The minimum wage will increase for New Jersey employers effective January 1, 2020. It is also that time of year when we remind our clients with operations in New Jersey of their obligation to distribute...more
Seyfarth Synopsis: The New York State Labor Law has been amended to prohibit employment discrimination “based on an employee’s or a dependent’s reproductive health decision making.” The law not only prohibits discrimination...more
11/22/2019
/ Corporate Counsel ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Discrimination ,
Human Rights ,
Labor Regulations ,
NYCHRL ,
Private Right of Action ,
Reproductive Discrimination ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2019....more
11/14/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges....more
Seyfarth Synopsis: Once effective, the anti-discrimination and retaliation provisions of the NYC Human Rights Law will apply to freelancers and independent contractors. In addition, independent contractors and employed family...more
10/14/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Human Rights ,
Independent Contractors ,
Labor Regulations ,
Local Ordinance ,
National Origin Discrimination ,
New Guidance ,
NYCHRL ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government
Seyfarth Synopsis: The New York City Commission on Human Rights released guidance clarifying the New York City Human Rights Law’s restriction on discriminating against applicants and workers on the basis of actual or...more
10/10/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Human Rights ,
Immigrants ,
Independent Contractors ,
Labor Regulations ,
Local Ordinance ,
National Origin Discrimination ,
New Guidance ,
NYCHRL ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government
Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more
9/20/2019
/ Appeals ,
Construction Industry ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Labor Law Violations ,
Labor Regulations ,
Liquidated Damages ,
Payment Schedules ,
State and Local Government ,
Unpaid Wages ,
Wages
Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more
8/20/2019
/ Collective Bargaining ,
Comment Period ,
Construction Industry ,
Employee Rights ,
Labor Law Violations ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NPRM ,
Proposed Amendments ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
Seyfarth Synopsis: On August 6, 2019, Acting New Jersey Governor Sheila Oliver signed into law A-2903/S-1790, described as an Act “concerning enforcement, penalties, and procedures for law regarding failure to pay wages.” ...more
Seyfarth Synopsis: This week, New York state expanded a state Equal Pay Act, making it illegal to pay someone less based on characteristics including race, religion, disability or gender identity, and also other protected...more
8/2/2019
/ Damages ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Labor Regulations ,
New Legislation ,
Pay Discrimination ,
Pay Equity Laws ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Just before the end of the legislative session, lawmakers in New York introduced the “Dependent Worker Act,” which proposes to provide workers in the gig economy with certain rights, including the right to...more
Seyfarth Synopsis: On June 11, 2019, New Jersey Governor Phil Murphy signed a law requiring covered hotels to provide “panic devices” to employees engaged in “housekeeping or room service duties.” The law further imposes...more
6/20/2019
/ Anti-Harassment Policies ,
Employee Rights ,
Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Labor Regulations ,
New Legislation ,
Sexual Assault ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Workplace Safety