New York’s highest court, settling a long-standing question dividing state and federal courts, has held that the New York State and City anti-discrimination statutes apply to non-residents who apply for jobs that would be...more
Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for...more
3/4/2024
/ City of New York ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Local Ordinance ,
New York ,
Non-Compete Agreements ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform
Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more
1/19/2024
/ Class Action ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Liquidated Damages ,
New York ,
Private Right of Action ,
Proposed Amendments ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023....more
12/27/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Governor Vetoes ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
Seyfarth Synopsis: The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void...more
12/27/2023
/ Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Governor Vetoes ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: We recently reported here that New York adopted an increased salary threshold of $1,300 per week for determining whether an employee serves in an “executive,” “administrative,” or “professional” capacity...more
eyfarth Synopsis: Governor Kathy Hochul has signed a bill amending Section 590 of the New York Labor Law to require employers to provide employees, upon separation, with notice of their right to file for unemployment benefits...more
New York Governor Kathy Hochul recently signed legislation (S.B. 5572) that, effective March 13, 2024, will change the salary threshold governing various exemptions under Article 6 of the New York Labor Law (“NYLL”)....more
10/6/2023
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Reform ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
New York ,
Non-Exempt Employees ,
Over-Time ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will...more
9/11/2023
/ Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Off-The-Clock ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void...more
6/29/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Proposed Regulation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
Seyfarth Synopsis: Like the New York City Council, the New York State legislature is considering a bill to effectively abolish at-will employment. If passed, the State bill would prohibit employers from discharging employees...more
Seyfarth Synopsis: The New York City Council has passed a bill that prohibits employers from considering a person’s actual or perceived height or weight when making employment decisions....more
5/15/2023
/ City of New York ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Human Rights ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New Legislation ,
Wage and Hour
Seyfarth Synopsis: Beginning January 1, 2024, the minimum wage across New York State will gradually increase to account for the rising cost of living....more
Seyfarth Synopsis: Legislators in New York City and State are considering several bills that could impact employers’ daily operations in the Empire State. The bills would broaden discrimination protections, require mandatory...more
Seyfarth Synopsis: A bill pending in the New York City Council would prohibit employers from discharging employees absent just cause or a bona fide economic reason. The bill would also ban employers from relying on data...more
Seyfarth Synopsis: In December 2022, New York’s Governor signed several pieces of legislation impacting New York employers, most notably laws regulating lactation accommodation in the workplace and the electronic posting and...more
Seyfarth Synopsis: Effective February 19, 2023, New York employers will be liable for retaliating against employees for making use of legally-protected absences....more
Seyfarth Synopsis: Federal courts within the Second Circuit have held that merely alleging a pay frequency violation under New York Labor Law § 191 is insufficient for standing under Article III of the United States...more
Seyfarth Synopsis: The Adams administration has announced that the private-sector employee vaccination mandate will become optional as of November 1, 2022. ...more
Seyfarth Synopsis: At the close of the New York State legislative session on June 2, 2022, the Senate and Assembly passed a variety of employment-related bills that are now waiting to be delivered to Governor Kathy Hochul. ...more
Seyfarth Synopsis: The New York State legislature has passed the Warehouse Worker Protection Act. The bill, which has yet to be signed into law by Governor Hochul, requires covered companies to disclose production quotas to...more
Seyfarth Synopsis: The New York legislature has passed or is close to passing a series of bills designed to protect public and private employees from sexual harassment and retaliation. The bills include a ban on no-rehire...more
Seyfarth Synopsis: The Second Circuit held that dismissals without prejudice of FLSA claims are subject to the same judicial or agency scrutiny as dismissals with prejudice of FLSA claims....more
The New York Commissioner of Health once again extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their HERO Act safety plans activated through at least February 15, 2022. The...more
Seyfarth Synopsis: New York City’s chief legal officer has shared some details about what to expect in the forthcoming regulations implementing the City’s COVID-19 vaccine mandate for private employers, which takes effect on...more