On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more
2/14/2024
/ ABC Test ,
Class Action ,
Classification ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Wage and Hour
On November 17, 2023, New York Governor Kathy Hochul signed a new law that further limits the terms employers may include in release agreements relating to claims of harassment, discrimination, and retaliation. The law took...more
11/30/2023
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
New Legislation ,
New York ,
Release Agreements ,
Restrictive Covenants ,
Sexual Harassment ,
State Labor Laws ,
Workplace Safety
On September 6, 2023, New York Governor Kathy Hochul signed legislation amending the New York Penal Law making wage theft a criminal larceny. Under the penal code, “[a] person steals property and commits larceny when, with...more
On May 26, 2023, New York City Mayor Eric Adams signed into law an amendment to the New York City Human Rights Law (NYCHRL) that bans employment discrimination on the basis of an individual’s height and/or weight. The...more
9/12/2023
/ Discrimination ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Labor Regulations ,
New Amendments ,
New Legislation ,
New Regulations ,
NYCHRL ,
State and Local Government ,
State Labor Laws
On February 6, 2023, New Jersey Governor Phil Murphy signed the Temporary Workers’ Bill of Rights, significantly expanding the rights and protections afforded to the 127,000 temporary workers in New Jersey. The new law, which...more
5/26/2023
/ Certifications ,
Employee Rights ,
Employer Liability Issues ,
Governor Murphy ,
Hiring & Firing ,
New Jersey ,
New Legislation ,
Notice Requirements ,
Private Right of Action ,
Recordkeeping Requirements ,
Temporary Employees ,
Wage and Hour
On December 19, 2022, the New Jersey Legislature passed a bill that, if signed by Governor Phil Murphy, would amend the effective date of amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ...more
1/11/2023
/ Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Governor Murphy ,
New Jersey ,
New Legislation ,
Proposed Legislation ,
Severance Pay ,
State Legislatures ,
Termination ,
WARN Act
Last year New York state and local legislatures implemented a number of employment laws and ordinances that are set to take effect in 2023. This update summarizes these new legal requirements to help New York employers...more
12/20/2022
/ Automated Decision Systems (ADS) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Minimum Wage ,
New Legislation ,
New Rules ,
New York ,
Paid Family Leave Law ,
Paid Sick Leave ,
Pay Transparency ,
Pre-Employment Health Screenings ,
Salary/Wage History ,
State Labor Laws ,
Vaccinations
The New Year will usher in several new employment laws in New Jersey. This update summarizes these new legal requirements to help New Jersey employers prepare for 2023....more
On March 18, 2022, the Department of Justice (“DOJ”) issued “Web Accessibility Guidance” for state and local governments and public accommodations under Titles II and III of the Americans with Disabilities Act (“ADA”) (the...more
On March 16, 2022, New York Governor Kathy Hochul signed into law two amendments to the State’s workplace anti-discrimination and anti-harassment laws.
First, the New York State Human Rights Law (“NYSHRL”), New York...more
4/1/2022
/ Amended Legislation ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Corporate Counsel ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Legislative Agendas ,
New Legislation ,
New York ,
NYSHRL ,
Personal Information ,
Retaliation ,
Sexual Harassment ,
State and Local Government
On December 6, 2021, New York City Mayor Bill de Blasio announced a vaccine mandate which requires that all private sector employees who work in a workplace in the presence of another worker, or who interact with a member of...more
12/20/2021
/ City of New York ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Local Ordinance ,
Mayor de Blasio ,
New Legislation ,
Private Sector ,
Vaccinations ,
Vaccine Passports
On November 8, 2021, New York Governor Kathy Hochul signed a bill into law (the “Law”) that will require employers to provide written notice to employees before engaging in electronic monitoring of telephone, email, and...more
Since taking office, New Jersey Governor Phil Murphy has prioritized eliminating misclassification of employees as independent contractors. In furtherance of this goal, on July 8, 2021, Governor Murphy signed four bills into...more
In an effort to combat the recent rise in COVID-19 cases in New Jersey, on October 28, 2020 Governor Murphy signed Executive Order 192 (the “Order”), mandating health and safety standards to protect New Jersey’s workers...more
11/10/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Employer Responsibilities ,
Executive Orders ,
Governor Murphy ,
Health and Safety ,
Masks ,
Notice of Non-Compliance ,
Personal Protective Equipment ,
Social Distancing ,
Workplace Safety
At the beginning of this year, New Jersey Governor Phil Murphy signed a package of legislation aimed at protecting the rights of workers who have been misclassified as independent contractors. One of these new laws, Assembly...more
On April 14th New Jersey Governor Phil Murphy signed Senate Bill 2353 into law. The law delays the application date of the New Jersey WARN amendments passed earlier this year and removes mass layoffs due to COVID-19 from...more
On January 21, 2020, New Jersey Governor Phil Murphy signed Senate Bill 3170 (the “amendments” or “NJ WARN Act”) into law making New Jersey the first state in the nation to require severance pay for mass layoffs. The law,...more
Effective February 10, 2020, the top ten members of an out-of-state limited liability company (“LLC”) can be held personally liable for violations of New York’s wage and hour laws. The bill, signed on December 12 by Governor...more
1/7/2020
/ Employer Liability Issues ,
Governor Cuomo ,
Joint and Several Liability ,
Labor Law Violations ,
Limited Liability Company (LLC) ,
New Legislation ,
Out-of-State Companies ,
Personal Liability ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Wage Theft
On December 12, 2019, for the first time in 60 years, the U.S. Department of Labor (DOL) announced a final rule clarifying the types of benefits that must be included in determining an employee’s “regular rate of pay” when...more
On November 7th a bill was introduced in the New Jersey legislature that would, like California’s AB 5..., codify a stricter version of the ABC test for determining independent contractor classification. The bill, S4204...,...more
11/15/2019
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Proposed Legislation ,
State Labor Laws ,
Wage and Hour
On June 19th, the New York State Senate and Assembly voted to pass omnibus legislation greatly strengthening protections against sexual harassment. While the bill, SB 6577, is still waiting for the Governor’s signature,...more
On April 9, 2019, New York’s City Council passed legislation ..., which will prohibit employers from requiring prospective employees to submit to testing for tetrahydrocannabinols (THC), the active ingredient in marijuana, as...more
On February 4, 2019, New Jersey Governor Phil Murphy signed into law legislation... which gradually raises the minimum wage in New Jersey to $15 per hour by the year 2024 for many workers in New Jersey. Under this law, for...more
As detailed previously, the New Jersey Paid Sick Leave Act (the “Act”), goes into effect October 29, 2018. In general, the Act allows New Jersey employees to accrue one (1) hour of sick leave time per thirty (30) hours...more
10/23/2018
/ Comment Period ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Penalties ,
Posting Requirements ,
Proposed Regulation ,
Public Comment ,
Public Hearing ,
Rate of Pay ,
Recordkeeping Requirements ,
State Labor Laws ,
Wage and Hour
As previously reported in a prior article, in May 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”). The Act provides, among other things, starting September 6, 2018,...more