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: 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
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
Seyfarth Synopsis: New York Governor Kathy Hochul has signed legislation that, effective immediately, adds wage theft to the definition of “larceny” under the state’s penal code, creating potentially harsh penalties for the...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: 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: 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 March 17,...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
Soon before the ball drops in Times Square for the New Year: (i) the City of New York amended its guidance regarding the mandate that private workers receive the COVID vaccine, as well as confirmed verbally the answers to...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 January 15, 2022....more
The New York Commissioner of Health once again extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their safety plans activated through at least December 15, 2021....more
Seyfarth Synopsis: With little fanfare and no public reporting, the New York Commissioner of Health extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their safety plans activated...more
The New York Health Commissioner has stated that the emergency designation of COVID-19 expires -- for now -- on September 30. And the Department of Labor issued Frequently Asked Questions to guide employers in activating...more
The amendments to the NY HERO Act have been officially enacted and are now part of the statute. Those amendments clarify various deadlines and modify certain obligations to facilitate compliance by employers....more
Seyfarth Synopsis: The New York Department of Labor is officially phasing out the “tip credit” this year for a wide variety of workers outside the hospitality industry. The first phase of the elimination took effect on June...more
Seyfarth Synopsis: New York’s paid sick leave law, applicable to employers of all sizes, goes into effect on September 30, 2020, permitting employees to use sick leave beginning January 1, 2021.
...more
4/6/2020
/ Banking Sector ,
Banks ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Essential Functions ,
Executive Orders ,
Financial Services Industry ,
Forbearance Agreements ,
Governor Cuomo ,
Healthcare ,
New York ,
NYDFS ,
Operators of Essential Services ,
Paid Leave ,
Quarantine ,
Retailers ,
Shelter-In-Place ,
Sick Leave ,
State and Local Government