An amendment to the New York State Worker Adjustment and Retraining (NYS WARN) Act adds certain governmental entities to the list of individuals and entities that must receive advance notice of a WARN-triggering event. The...more
1.National Labor Relations Board (NLRB) General Counsel Peter Robb has issued guidance addressing employer assistance in union organizing and decertification elections. In Memorandum GC 20-13 (Sept. 4, 2020), “Guidance...more
10/19/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Labor Laws ,
Furloughs ,
Hazard Pay ,
Interpreters ,
NLRA ,
NLRB ,
Personal Protective Equipment ,
Protests ,
Unions ,
Unpaid Leave ,
Wage and Hour
Hawaii has narrowed the scope of what employers can consider regarding an individual’s conviction history when making employment decisions.
Hawaii employers have long been required to limit their consideration of felony...more
Changes to New York City’s Paid Sick and Safe Leave Law (NYCSL) took effect on September 30, 2020.
On September 23, 2020, the New York City Council enacted Int. No 2032-A, and Mayor Bill de Blasio signed the bill on...more
As Election Day approaches and despite the anticipated uptick in absentee ballots, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose...more
1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more
9/21/2020
/ Administrative Law Judge (ALJ) ,
Boeing ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Furloughs ,
Layoffs ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Social Media ,
State Labor Laws ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
New York State will soon require all employers to provide sick leave to employees. The New York State Sick Leave (NYSSL) law goes into effect September 30, 2020, but employees are not entitled to use NYSSL until January 1,...more
President Donald Trump has authorized the creation of the Lost Wage Assistance (LWA) Program to support individuals unemployed as a result of the COVID-19 pandemic.
Under the LWA Program, the Federal Emergency Management...more
1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise...more
8/13/2020
/ Browning-Ferris Industries of California Inc. ,
Confidential Information ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
General Motors ,
Joint Employers ,
NLRB ,
Off-Duty Employees ,
Offensive Language ,
Terms and Conditions ,
Wage and Hour ,
Workplace Bullying
1.The National Labor Relations Board (NLRB) has restored a unionized employer’s right to unilaterally discipline or discharge an employee prior to executing a first collective bargaining agreement. 800 River Road Operating...more
1.The National Labor Relations Board (NLRB) implemented several parts of its new election rule that were not enjoined by a federal district court judge. The new rule aims to reform the controversial Obama-era “quickie...more
As New York State reportedly is releasing additional nonviolent offenders, coinciding with the rise of COVID-19 cases in recent weeks, and newly released individuals apply for positions, New York employers should remember...more
1. The National Labor Relations Board (NLRB) has signaled its intention to amend its criteria for ordering mail-ballot elections, even as some regional offices are directing mail-ballot elections due to the COVID-19 pandemic....more
New York Governor Andrew Cuomo has signed the state’s FY 2021 Education, Labor, Housing and Family Assistance Budget Bill into law (Chapter 56, S.7506-B, A.9506-B). The Budget Bill includes developments applicable to New York...more
1.Employers affected by the COVID-19 pandemic may receive some financial relief from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, but the assistance comes with union-related strings attached for some...more
As wage reductions become a common solution to the uncertain environment resulting from the COVID-19 pandemic, U.S. employers have had to make some difficult decisions. Many have laid off or furloughed employees, while others...more
With federal and state legislation constantly evolving, and New York Governor Andrew Cuomo’s office issuing multiple executive orders, New York employers are struggling to understand their coronavirus (COVID-19) paid leave...more
The “Families First Coronavirus Response Act” (H.R. 6201) has passed the Senate and been signed by President Donald Trump.
This article discusses the paid Family and Medical Leave Act (FMLA) and paid sick leave provisions...more
The Families First Coronavirus Act (H.R. 6201) was passed by the U.S. House of Representatives in the early hours of March 14, 2020. The bipartisan legislation would extend employee sick leave benefits, expand access to free...more
1.The Trump Administration announced its intent to re-nominate National Labor Relations Board (NLRB) member Marvin Kaplan and former member Lauren McFerran. President Donald Trump is preparing a nomination package to ensure...more
The New York City Commission on Human Rights (NYCCHR) has released a factsheet providing guidance on its view of the scope of the anti-discrimination protections provided to individuals performing services as independent...more
In 2019, as in previous years, most of the new labor and employment law legislation was enacted at the state and local level.
Paid Family Leave-
Paid family leave statutes gained momentum:
As of July 1, 2019, the...more
1/20/2020
/ Employer Liability Issues ,
Gender Identity ,
Hairstyle Discrimination ,
Local Ordinance ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
Paid Family Leave Law ,
Paid Leave ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
1.The National Labor Relations Board (NLRB) has announced comprehensive changes to its election procedures, largely revamping the Obama-era “quickie” election rules. The new rules will slow down the election process greatly....more
New York state has issued guidance on its new law barring employers’ direct and indirect inquiries about an employee’s salary history that became effective on January 6, 2020. For New York City employers, the law must be read...more
In New York, 2020 will be the last year employers who employ tipped employees in car washes, nail salons, and parking garages, among other establishments, will be permitted to pay such employees a rate below the minimum wage...more