The U.S. Department of Labor (“DOL”) has released its 124-page temporary regulations of the Families First Coronavirus Response Act (“FFCRA”). Below we summarize the key takeaways from those regulations....more
4/9/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Intermittent Leave ,
Posting Requirements ,
Relief Measures ,
Remote Working ,
Sick Leave ,
Sick Pay ,
Telecommuting
Late last week, New York Governor Cuomo issued Executive Order 202.8 which mandates that, starting Sunday, March 22nd at 8 P.M., all non-essential businesses and not-for-profit entities “shall reduce the[ir] in-person...more
New York State issued guidance on March 20th detailing answers to many frequently asked questions about the newly implemented COVID-19 quarantine leave law. We summarized the key components of the emergency law, which was...more
As the United States continues to develop its response to the COVID-19 pandemic, thousands of members of the National Guard will be activated to help deal with the threat. Last week, Massachusetts Governor Charlie Baker...more
3/23/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Governor Baker ,
Health and Safety ,
Infectious Diseases ,
Military Leave ,
Military Service Members ,
National Guard ,
Public Health ,
State of Emergency ,
USERRA
As New York State announced that it had confirmed over 2,300 cases of the COVID-19 coronavirus, New York Governor Andrew Cuomo signed into law new requirements for New York State employees affected by the virus. The new law...more
New York Governor Andrew Cuomo has issued an expansive executive order, which mandates that, beginning Friday, March 20, 2020, at 8:00 PM, all “non-essential” businesses and non-profits entities in New York State must reduce...more
President Trump signed the Families First Coronavirus Response Act into law late Wednesday night. We summarize the enacted version below (which replaces our analysis of an earlier version the House passed, which it since...more
We are closely tracking the Families First Coronavirus Response Act (H.R. 6201) passed by the United States House of Representatives in response to the coronavirus (COVID-19) outbreak. The bill now goes to the United States...more
The arrival of the holiday season means that 2020 is just around the corner. In anticipation of the new year, employers should take time to review upcoming changes to the requirements of the New York Paid Family Leave Law...more
11/11/2019
/ Employee Benefits ,
Employee Contributions ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Guidance ,
NYDFS ,
NYDOL ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws ,
Wage and Hour
New York recently extended its protections of the New York City Human Rights Law to non-employees, including contractors and freelancers, following in the footsteps of New York State, which recently amended its Human Rights...more
On Monday, Governor Cuomo signed into the law the last of four bills aimed at strengthening workplace protections for employees. In mid-July, the Governor signed pay equity, salary history disclosure and hair discrimination...more
Just days before concluding its legislative session, the New York Legislature enacted a law focusing on an employer’s acquisition and use of applicant and employee wage and salary history when making decisions regarding...more
6/28/2019
/ Anti-Retaliation Provisions ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Governor Cuomo ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
NYCHRL ,
Pay Equity Laws ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
The New York State Legislature has passed an amendment to New York’s Achieve Pay Equity Act (the “Act”), which will prohibit pay discrimination against any employee based on his or her membership in any class protected by the...more
6/28/2019
/ Amended Legislation ,
Department of Labor (DOL) ,
EEO-1 ,
Employer Liability Issues ,
Equal Pay Act ,
Governor Cuomo ,
Human Resources Professionals ,
NYSHRL ,
Pay Discrimination ,
Pay Equity Laws ,
Protected Class ,
State Labor Laws ,
Wage and Hour
Just before the end of its session, the New York Legislature expanded protections against discrimination and harassment under the New York State Human Rights Law (NYSHRL). The Governor still has to sign the new bill into law,...more
6/28/2019
/ Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Human Rights ,
NYCHRL ,
Sexual Harassment ,
State and Local Government ,
Title VII
It’s that time of year! New York State minimum wage rate and overtime exemption salary thresholds are set to increase. The changes go into effect on December 31, 2018 and are summarized below. We also take a moment to focus...more
The wait is over. The New York State Department of Labor (DOL) just released its final guidance with respect to New York State’s new anti-sexual harassment law. The release includes final templates for the model sexual...more
10/3/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
NYDOL ,
Policies and Procedures ,
Sexual Harassment ,
State Labor Laws ,
Zero Tolerance Policies
The New York State Department of Labor (DOL), in consultation with the New York State Division of Human Rights (DHR), has released drafts of its model sexual harassment prevention policy, complaint form, and harassment...more
8/28/2018
/ Anti-Harassment Policies ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
NYDOL ,
Policies and Procedures ,
Public Comment ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
The Office of Labor Policy & Standards, the office responsible for enforcing NYC’s employment laws, recently released guidance on the new Temporary Schedule Change Law. The law, which took effect on July 18, 2018, was passed...more
In the wake of the #MeToo movement and the nationwide discourse over the prevalence of sexual harassment in the workplace, New York State and New York City have taken aggressive steps to implement stronger protections against...more
5/1/2018
/ #MeToo ,
Anti-Harassment Policies ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender-Based Pay Discrimination ,
Harassment ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
New Hires ,
New Legislation ,
Policies and Procedures ,
Sexual Harassment ,
State Labor Laws
Did you get your first request for paid family leave yet? Well it’s finally here – New York State’s Paid Family Leave law finally touched down in workplaces across the state on New Year’s Day. As of this writing, millions of...more
Last year New York State made significant changes to its wage orders resulting in increases to the State’s minimum wage, white collar overtime exemption salary thresholds, tip, meal and lodging credits, and uniform...more
Recent cases in New York and Pennsylvania demonstrate that, at least in some jurisdictions and under some circumstances, a plaintiff can state a valid claim for unlawful gender discrimination based on a spouse’s jealousy....more
Beginning on January 1, 2018, New York employers will have to provide paid family leave to their employees. With less than 3 months to go, the law is already in effect in many ways and employers are strongly urged to take...more
Last month, the EEOC filed a lawsuit against Estee Lauder in a Pennsylvania federal court alleging that Estee Lauder’s parental leave policy discriminates against employees on the basis of gender by providing unequal benefits...more
9/28/2017
/ Caregivers ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Maternity Leave ,
Paid Family Leave Law ,
Paid Leave ,
Parental Leave ,
Paternity Leave ,
Sex Discrimination
Short of a successful (but highly unlikely) appeal, the Obama-era overtime rule is now officially no longer. That rule would have required employers to pay employees a little more than $47,000 annually to qualify under one of...more
9/1/2017
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions