On June 21, 2023, the New York State Department of Labor amended the New York Worker Adjustment and Retraining Notification Act (NY Mini-WARN Act). The updated regulations took effect immediately....more
The New York City pay transparency law remains likely to become effective May 15, 2022, despite a bill that has been introduced which would delay the effective date until November. ...more
Beginning in April 2022, NYC employers with four or more employees must include the salary range of the position in job postings. The law, which passed on January 15 after the mayor did not take action to veto, amends the New...more
On October 28, 2021, New York Governor Kathy Hochul signed legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing. The legislation (S.4394A/A.5144A)...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. This week, the EEOC twice updated its...more
Governor Cuomo is sent new legislation related to the Coronavirus to New York State lawmakers yesterday. The legislation would protect employees who are required to stay home from work because they are being isolated or...more
3/10/2020
/ Adverse Employment Action ,
Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employee Rights ,
Employer Liability Issues ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Medical Leave ,
Policies and Procedures ,
Proposed Legislation ,
Public Health ,
Risk Management ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
Last week, New Jersey Governor Phil Murphy signed an amendment to the New Jersey WARN Act, dramatically expanding the Act’s reach. Effective July 19, 2020, the amendment makes the Act one of the most stringent state WARN...more
1/31/2020
/ Employer Liability Issues ,
Failure to Comply ,
Hiring & Firing ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
Penalties ,
Regulatory Requirements ,
Regulatory Standards ,
State and Local Government ,
State Labor Laws ,
WARN Act
In an Opinion Letter released on Tuesday, May 14, the Office of the National Labor Relations Board’s General Counsel opined that Uber drivers are not legal “employees” for the purposes of federal labor laws. ...more
5/20/2019
/ Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
NLRB ,
NLRB General Counsel ,
Opinion Letter ,
Over-Time ,
Rulemaking Process ,
Uber ,
Wage and Hour
Employers seeking to require binding arbitration for employee claims need to take notice of a recent decision. ...more
On April 30, 2018, a Philadelphia federal judge issued an opinion striking down a portion of Philadelphia’s salary history ban. Salary history bans have become increasingly common tools used by various cities and states...more
5/18/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
First Amendment ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Motion To Strike ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On February 26, 2018, in a landmark decision continuing the expansion of Title VII’s protection, the Second Circuit Court of Appeals became the second federal appeals court to hold that Title VII prohibits discrimination on...more
3/1/2018
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Earlier this month, US employers received important news just as the season of hiring summer interns is set to begin. The Department of Labor (“DOL”), through Fact Sheet #71, clarified its position regarding unpaid...more
1/25/2018
/ Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Internships ,
Misclassification ,
Primary Beneficiary Test ,
Regulatory Oversight ,
Regulatory Reform ,
Unpaid Interns ,
Wage and Hour
In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more
12/20/2017
/ Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Employee Handbooks ,
Employment Policies ,
Hiring & Firing ,
Joint Employers ,
Micro-Unions ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
Specialists have long touted certain significant advantages to employers that come along with maintaining ERISA severance plans, and a recent district court case highlights some of these advantages....more
11/21/2017
/ Breach of Contract ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
Declaratory Judgments ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Implied Covenants ,
Non-Compete Agreements ,
Preemption ,
Promissory Estoppel ,
Severance Agreements ,
Severance Pay ,
Treble Damages ,
Wage and Hour