An amendment to the New York City Human Rights Law (“NYCHRL”) that expands “employment” protections for freelancers and independent contractors (“Law”) became effective January 11, 2020. The New York City Commission on Human...more
2/10/2020
/ Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
NYCCHR ,
NYCHRL ,
Reasonable Accommodation ,
Sexual Harassment
The Massachusetts Department of Family and Medical Leave (“DFML”) continues to provide ongoing substantive and procedural guidance regarding the implementation of the state’s Paid Family and Medical Leave Program (“PFML”)....more
2/7/2020
/ Benefit Plan Reimbursements ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
New Guidance ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour
The 2019 Novel Coronavirus (“2019-nCoV” or “Coronavirus”) is a rapidly spreading respiratory illness that is raising important issues for employers....more
1/31/2020
/ Americans with Disabilities Act (ADA) ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitality Industry ,
Human Resources Professionals ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Public Health ,
Wage and Hour ,
Workplace Safety ,
World Health Organization
New York’s salary history ban (“Law”) becomes effective today, January 6, 2020. To help employers comply with their obligations under the Law and to advise employees of their rights, the state has issued guidance...more
As previously discussed, the federal Department of Labor has begun the process of increasing the minimum salary threshold for employees that fall under the “white collar” exemptions. Joining Alaska, New York, and California,...more
12/24/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Policies and Procedures ,
Regulatory Requirements ,
Rulemaking Process ,
Salaried Employees ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
It seems as though there is a minefield that employers must navigate to ensure that they fulfill their wage and hour obligations to their employees. Employers must somehow comply with overlapping and seemingly contradictory...more
On November 8, 2019, Governor Cuomo signed A584/S660 (“Law”) into law, one bill in a series of legislation meant to protect reproductive health rights. Under the Law, all New York employers are prohibited from discriminating...more
12/5/2019
/ Anti-Retaliation Provisions ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Privacy Rights ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Governor Cuomo ,
Human Rights Code ,
New Legislation ,
Reproductive Discrimination ,
State Labor Laws
On October 30, 2019, the Safe Time Leave Law (“Law”) in New York’s Westchester County went into effect. To help employers comply with their obligations under the Law and to advise employees of their rights, the County has...more
11/27/2019
/ Domestic Violence ,
Earned Sick Time ,
Employer Liability Issues ,
Employment Policies ,
Local Ordinance ,
New Guidance ,
Paid Time Off (PTO) ,
Safe Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On November 21, 2019, the Pennsylvania Department of Labor and Industry (“DLI”) formally withdrew new regulations that would have increased the minimum salary requirements for the Pennsylvania Minimum Wage Act’s (“PMWA”)...more
After a false start three years ago, the federal Department of Labor (“DOL”) will finally be rolling out an increased minimum salary threshold for employees qualifying under the “white collar” exemptions. The increase in the...more
11/19/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Regulations ,
Local Ordinance ,
Minimum Salary ,
Municipalities ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Requirements ,
Rulemaking Process ,
Salaried Employees ,
Standard Duties Test ,
State and Local Government ,
Threshold Requirements ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
New York State has updated its guidance on the new rules under the New York State Human Rights Law (“NYSHRL”) regarding discrimination, harassment, and retaliation claims. In particular, the Frequently Asked Questions...more
11/15/2019
/ Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
New Guidance ,
Non-Disclosure Agreement ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
The New York City Commission on Human Rights (“the Commission”) published a legal enforcement guidance (“Guidance”) clarifying its standards with respect to discrimination based on actual or perceived immigration status and...more
10/31/2019
/ Adverse Employment Action ,
Commission on Human Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Guidance ,
Hiring & Firing ,
Immigration Status Discrimination ,
Independent Contractors ,
Job Applicants ,
National Origin Discrimination ,
NYCHRL ,
State and Local Government ,
State Labor Laws
On October 13, 2019, New York City enacted Int. 136-A (“Law”), which will extend the employment protections of the New York City Human Rights Law (“NYCHRL”) to freelancers and independent contractors, thereby allowing these...more
As we previously reported, the Massachusetts Department of Family and Medical Leave (“DFML”) has been providing on-going substantive and procedural regulations and guidance to effectuate the state’s Paid Family and Medical...more
10/29/2019
/ 1099s ,
Covered Employees ,
Employee Definition ,
Family and Medical Leave Act (FMLA) ,
Gig Economy ,
H-2A ,
Independent Contractors ,
Labor Regulations ,
New Guidance ,
Posting Requirements ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
Withholding Requirements
Employers seeking information about potential reasonable accommodations, and tips on the interactive process, can turn to the newly updated Job Accommodation Network (JAN) Toolkit....more
As we enter the last quarter of 2019 and the business community begins to plan ahead for 2020, New York employers should be aware of the changes coming to the New York Paid Family Leave (“NYPFL”) program. On January 1, 2020,...more
California recently enacted an emergency amendment (SB 778) to California Government Code Section 12950.1, extending the deadline for California employers to comply with the state’s new anti-harassment training mandate. Under...more
SEXUAL HARASSMENT IN THE WORKPLACE: WHAT US: MULTI-STATE COMPANIES NEED TO KNOW -
We include the 2018 chapter in its entirety for reference following the 2019 update.
2019 Update -
In the wake the of the #MeToo...more
9/14/2019
/ #MeToo ,
Affirmative Defenses ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Retaliation ,
Same-Sex Harassment ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Supervisors ,
Third-Party Harassment ,
Title VII ,
Training Requirements ,
Waiver of Rights
After a prolonged legal battle that began in 2015, Pittsburgh’s Paid Sick Days Act (“Act”) will soon become effective. Opponents of the Act had successfully challenged it in the lower courts, which found that the City of...more
On August 12, 2019, Governor Andrew Cuomo signed Assembly Bill A8421 / Senate Bill 6577 (“Law”), which, as we previously reported, contains sweeping changes to New York State’s Human Rights Law (“HRL”). Below is an updated...more
8/15/2019
/ Anti-Harassment Policies ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
NYHRL ,
Sexual Harassment ,
State Labor Laws
On June 13, 2019, Nevada Governor Steve Sisolak signed SB 312 (“Law”), which imposes new paid leave requirements on certain employers. Under the Law, Nevada employers with 50 or more employees in the state will be required to...more
7/17/2019
/ Employee Benefits ,
Employee Rights ,
Employer Mandates ,
Governor Sisolak ,
Hiring & Firing ,
Labor Commissioners ,
Local Ordinance ,
New Legislation ,
Paid Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
As we previously reported, Washington State has begun implementing its new Paid Family & Medical Leave (“PFML”) program. Therefore, Washington employers should be mindful of their obligations under the PFML program. To...more
7/11/2019
/ Deadlines ,
Employee Benefits ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Family Leave Law ,
Paid Leave ,
Payroll Deductions ,
Public Comment ,
Rulemaking Process ,
State Labor Laws ,
Wage and Hour ,
Workplace Communication
In response to mounting attention to the #MeToo movement, on June 19, 2019, the New York State Legislature passed Assembly Bill A8421 / Senate Bill 6577 (“Bill”), a measure that is even more far-reaching and, thus,...more
On April 24, 2019, Dallas became the latest and third Texas city to pass an Ordinance (“Law”) requiring private employers to provide paid sick leave to their employees. The Law is scheduled to take effect on August 1, 2019,...more
6/11/2019
/ Collective Bargaining Agreements (CBA) ,
Earned Sick Time ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Local Ordinance ,
Notice Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On May 28, 2019, Maine Governor Janet Mills signed “An Act Authorizing Earned Employee Leave” (“Law”), which requires private employers to provide paid leave to their employees. Scheduled to take effect on January 1, 2021,...more
6/6/2019
/ Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employer Liability Issues ,
Exceptions ,
Governor Mills ,
Labor Law Violations ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
State Labor Laws ,
Wage and Hour