Pay transparency laws are proliferating across multiple U.S. states and localities. For example, employers with a single employee in Colorado, California, Washington, or New York City that post advertisements for jobs that...more
Governor Kathy Hochul is considering a bill that would require New York employers with four or more employees to include compensation information on advertisements for any job, promotion, or transfer opportunity....more
On April 28, 2022, the New York City Council passed a revised version of the New York City pay transparency law, which, among other things, pushes the effective date to November 1, 2022....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
Employers in New York should be aware of the state’s new paid sick leave law, which was enacted on April 3, 2020 and went into effect on Wednesday, September 30. This state-wide law includes employers in New York City and...more
As cities and states around the United States are gearing to reopen facilities, employers are tasked with the daunting responsibility of ensuring that their workspaces are safe. ...more
6/9/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Diagnostic Tests ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Medical Reimbursement ,
Travel Time ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
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 Coronavirus which causes the disease COVID-19 (“Coronavirus”) presents a plethora of challenging labor and employment issues for employers in the United States. ...more
3/6/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Medical Leave ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
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
On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule that, effective January 1, 2020, will increase the salary threshold, by approximately 50%, that so-called “white collar” employees must be paid...more
9/27/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
Last week, the New York State Legislature passed a bill prohibiting employers from asking about the salary history of prospective and current employees. Aimed at curtailing wage discrimination and pay disparity, the bill...more
7/2/2019
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Job Applicants ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
In a lengthy April 29, 2019 Opinion Letter, the U.S. Department of Labor (“DOL”) examined the relationship between a virtual marketplace company (“VMC”) and its service providers. Applying a six-factor test derived from U.S....more
Lawmakers in Colorado are in the process of evaluating House Bill 1267, which would reclassify wage theft from a misdemeanor to a felony if the amount at issue exceeds $2,000.00....more
Just a reminder, the New Jersey Earned Sick Leave Act (the “Act”) went into effect on October 29, 2018.
Which employers are covered? The Act applies to all private New Jersey employers.
...more
Effective December 31, 2018 the minimum wage will rise across New York. The new minimum wage will vary depending on the location and, in New York City, the size of the business. ...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
Last month, the U.S. Department of Labor (DOL) Wage and Hour Division’s Payroll Audit Independent Determination (PAID) program went into effect. The pilot program allows employers to quickly pay back wages to workers in full...more
Last week, both houses of the New Jersey Legislature passed a sweeping equal pay bill that Governor Phil Murphy is expected to sign promptly. When passed into law, it will be one of the most strict equal pay statutes in the...more
4/5/2018
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Pending Legislation ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
During a Congressional hearing on March 6th, Labor Secretary Alexander Acosta unveiled a six-month pilot program intended to encourage employers to self-audit and self-report accidental violations of the Fair Labor Standards...more
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
We’ve previously written about the NYPFL here, but this post focuses on how employers should prepare now that the NYPFL has taken effect, and how employers should prepare when an employee decides to take paid leave....more
For many workers throughout the US, the New Year has begun with increased hourly wages. On January 1, 2018, 18 states and 22 cities/counties across the nation increased their minimum wage. ...more
It’s that time of year for all employers in New York to confirm that their payroll is set up to pay the new minimum wage that went into effect on December 31, 2017. ...more
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