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 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
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
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 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
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
On Wednesday, May 2, 2018, Governor Phil Murphy signed into law the New Jersey Paid Sick Leave Act (the “Act”). The Act, which goes into effect on October 29, 2018, preempts all existing New Jersey municipal earned sick leave...more
5/9/2018
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Governor Murphy ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On Tuesday, April 24, 2018, New Jersey Governor Phil Murphy signed into law the Diane B. Allen Equal Pay Act (the “Act”), which amends the New Jersey Law Against Discrimination (“NJLAD”) to provide enhanced equal pay...more
5/3/2018
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Governor Murphy ,
New Legislation ,
Pay Discrimination ,
Pay Equity Laws ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Statute of Limitations ,
Treble Damages ,
Wage and Hour
As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their...more