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: New York State formally adopted regulations increasing the salary thresholds for minimum wage and overtime exemptions for “executive” or “administrative” employee under the New York Labor Law. Employers...more
12/28/2023
/ Employees ,
Hiring & Firing ,
Labor Reform ,
Minimum Wage ,
New York ,
NYDOL ,
Over-Time ,
Proposed Regulation ,
Regulatory Agenda ,
State Labor Laws ,
Threshold Requirements ,
Unpaid Overtime ,
White-Collar Exemptions
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
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
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
New York City’s new law severely limiting at-will employment in the fast-food industry is scheduled to go into effect on July 4, 2021. Although a lawsuit seeking to enjoin the law is pending, covered employers should be...more
Seyfarth Synopsis: A recent Second Circuit decision casts doubt on the usefulness of national statistics to support a claim of hiring disparities at the pleading stage of litigation. Unless the national population mirrors the...more
The NYC Council has passed two bills that will end traditional at-will employment for fast-food employers in New York City. The bills were sent to Mayor Bill de Blasio for signature on December 17, 2020 and will take effect...more
12/21/2020
/ At-Will Employment ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Just Cause ,
Labor Regulations ,
Local Ordinance ,
Regulatory Agenda ,
State and Local Government ,
Termination
After a 7-hour hearing on May 6, 2020, at which it heard from a wide variety of interested stakeholders, the New York City Council’s Committee on Civil Service and Labor has a lot to consider regarding the proposed NYC...more
Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more
1/8/2018
/ Corporate Counsel ,
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