Businesses with New York employees are breathing a sigh of relief now that the state has finally addressed a hot button (and expensive) issue that has plagued them for nearly six years. A state court first ruled in 2019 that...more
A recent Supreme Court ruling could impact your business by limiting when you must pay fees in employment litigation or when you may recover fees after challenging state regulations in court. In the Lackey v. Stinnie decision...more
The Supreme Court will soon decide whether obtaining a preliminary injunction is sufficient to qualify as a “prevailing party” in order to recover attorney’s fees in certain civil rights actions – and we predict the Court...more
New rules regulating hotels in NYC will likely take effect next May if Mayor Adams soon signs the Safe Hotels Act, which the City Council just passed by an overwhelming majority on October 23. NYC lawmakers are aiming to...more
All eyes were on the Supreme Court’s decision to overturn a decades-old legal doctrine and redefine the balance of power between federal agencies and courts, but the Court also snuck in another ruling that will allow...more
The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their...more
A National Labor Relations Board Regional Director recently ruled that non-scholarship college basketball players are “employees” under federal labor law, setting the table for a potential seismic shift in the way your...more
Colorado and Washington will likely become the latest states to ban employers from holding mandatory meetings with employees concerning religious or political matters. Such employer-sponsored meetings, known as “captive...more
If you’ve been tracking litigation related to New York’s “frequency of pay” requirement for manual workers, last week’s highly anticipated decision Grant v. Global Aircraft Dispatch brings welcome news to employers. The state...more
A recently signed state law will soon protect New York freelance and contract workers from wage theft and delayed payments – and require businesses to put certain terms in writing. Businesses across the state will need to...more
Effective August 1, Minnesota now prohibits employers from “captive audience meetings” – that is, requiring, under threat of discharge, discipline, or some other penalty, employee attendance or participation in...more
Manhattan District Attorney Alvin Bragg Jr. recently announced a new prosecutorial branch tasked with investigating and prosecuting wage theft and other forms of worker harassment and exploitation throughout the borough. The...more
New York Governor Kathy Hochul recently delivered her second State of the State address – her first as an elected governor – and managed to provide insight on a few key areas of workplace law that will affect New York...more
1/20/2023
/ Diversity ,
Employee Training ,
Healthcare Workers ,
Hiring & Firing ,
Labor Reform ,
Legislative Agendas ,
Minimum Wage ,
New York ,
Staffing Agencies ,
State of the State ,
Temporary Employees ,
Wage and Hour
In a recent decision, the National Labor Relations Board gave unions greater access to sales agreements under the employer’s duty to provide relevant information so as to meaningfully engage in effects bargaining. The August...more
It is looking increasingly likely that fast food employers in New York City will have to deal with troubling new workplace regulations in the near future, including the prospect of increased penalties for violations,...more
New York City workplace regulators just finalized rules for New York City’s Fair Workweek and just cause laws for fast food workers – and there are some changes from the initial proposals that may come as a surprise to...more
New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense...more
2/2/2022
/ Consent ,
Employer Liability Issues ,
Fair Workweek ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Just Cause ,
Layoffs ,
Notice Requirements ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Public Hearing ,
Recordkeeping Requirements ,
Wage and Hour ,
Work Schedules
Although New York Governor Hochul’s first State of the State address focused on efforts to emerge from the COVID-19 pandemic, she still managed to provide insight on a few key areas of labor and employment law that will...more
1/10/2022
/ Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Criminal Penalties ,
Criminal Records ,
Disabilities ,
Employer Liability Issues ,
Employment Discrimination ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Non-Compete Agreements ,
NYDOL ,
Proposed Legislation ,
State Labor Laws ,
State of the State ,
Unemployment Insurance ,
Wage Theft
The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more
New York State recently granted both private and public employees up to four hours of paid leave per injection to receive the COVID-19 vaccine. While the basics of the leave were outlined in newly added New York Labor Law...more
New York employees are likely to soon receive paid leave to take their COVID-19 vaccination. One month after the New York State Assembly passed the bill, the New York State Senate unanimously voted 62-0 on March 1 to grant...more
The New York City Council just passed two bills (Int. 1396-A and 1415-A) that limit when a fast food employer can discharge fast food employees, only permitting terminations for “just cause” or for a “bona fide economic...more
With January 1, 2021 quickly approaching, it’s crunch time for New York employers to prepare to comply with the new statewide sick leave law. New York employers have been grappling with questions surrounding the New York Paid...more
Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more
6/22/2020
/ Appeals ,
Collective Actions ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Over-Time ,
Putative Class Actions ,
Salaried Employees ,
Wage and Hour ,
Work Schedules
New York, the state hardest hit by the COVID-19 pandemic, has released plans to guide the state’s reopening process that will permit certain lower-risk businesses to begin phased reopenings on a regional basis as soon as May...more