On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more
4/17/2019
/ Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Mayor de Blasio ,
OSHA
On March 1, 2019, when Governor Phil Murphy signed into law Senate Bill No. 1567, “An Act concerning pre-tax transportation fringe benefits” (“NJ Transit Benefits Law” or “Law”), New Jersey became the first state to require...more
4/2/2019
/ Collective Bargaining Agreements (CBA) ,
Compensation & Benefits ,
Employee Benefits ,
Employer Liability Issues ,
Fringe Benefits ,
Internal Revenue Code (IRC) ,
New Legislation ,
State and Local Government ,
Tax Cuts and Jobs Act ,
Transit Benefits ,
Unions ,
Wage and Hour
Technology, media, and telecommunications organizations are at the forefront of tackling new challenges in handling employee information and managing employee populations. As legislatures (from the federal level down to...more
3/26/2019
/ #MeToo ,
Cybersecurity ,
Data Protection ,
Digital Media ,
Employer Liability Issues ,
General Data Protection Regulation (GDPR) ,
Human Resources Professionals ,
Over-Time ,
Sexual Harassment ,
Telecommunications ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
On September 12, 2018, the Bureau of Consumer Financial Protection (“CFPB”) announced an interim final rule (“Rule”) to be effective September 21, 2018, that will update two model disclosure forms used when conducting...more
On August 24, 2018, New York State launched a website called “Combating Sexual Harassment in the Workplace,” relating to the suite of sexual harassment laws passed earlier this year. The website contains (i) a model sexual...more
The New York City Temporary Schedule Change Law (“Law”) became effective on July 18, 2018. As we reported in a previous Act Now Advisory, the Law allows most New York City employees up to two temporary schedule changes (or...more
In the months following Donald Trump’s inauguration, those interested in the National Labor Relations Board (“NLRB” or “Board”) waited anxiously for the new President to fill key positions that would allow the Board to...more
On November 22, 2017, the New York State Department of Labor (“NYSDOL”) published proposed call-in pay regulations (“Proposed Regulations”) in the New York State Register. The Proposed Regulations are subject to a 45-day...more
A major transition in government is well underway. As we look back over the past 12 months, we are reminded of employment, labor, and workforce management issues that remain top of mind to all employers. In this Take 5, the...more
12/15/2016
/ Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Gender Discrimination ,
Joint Employers ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Preliminary Injunctions ,
Sick Leave ,
Transgender ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Summary of the Executive Order -
New York City retail and food service unions got a boost recently when Mayor Bill de Blasio signed an Executive Order titled “Labor Peace for Retail Establishments at City Development...more
Employers in the technology, media, and telecommunications industry continue to face numerous workplace management and compliance challenges under changing laws. From evolving mandates regarding benefits and momentum toward...more
Hospitality employers, like employers in many other service-related industries, are challenged by having to persistently focus on staying competitive and increasing profits in oversaturated markets. However, focusing on these...more
Earlier this week, the Office of Labor Management Services (“OLMS”) of the U.S. Department of Labor (“DOL”) offered important guidance to employers concerning their reporting obligations under the recently amended Persuader...more
On March 31, 2016, New York State’s governor and legislative leaders announced an agreement on the state’s budget for 2016-2017 (“Budget”). Governor Andrew Cuomo signed the bill enacting the Budget at a press conference...more
Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more
10/29/2015
/ Affordable Care Act ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Healthcare Workers ,
Joint Employers ,
Life Sciences ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
NLRB ,
Nursing Homes ,
OSHA ,
Physicians ,
Protected Concerted Activity ,
Right to Control ,
Unions ,
Unpaid Overtime ,
Wage and Hour
As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more
9/24/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Browning-Ferris Industries of California Inc. ,
Cadillac Tax ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Hospitality Industry ,
Independent Contractors ,
Joint Employers ,
McDonalds ,
NLRA ,
NLRB ,
OSHA ,
Public Accommodation ,
Reporting Requirements ,
SEIU ,
Service Animals ,
Title III ,
Wage and Hour ,
White-Collar Exemptions
For those liberals and conservatives who do not think of themselves as “joint employers” of their doctors, lawyers, pet groomers, personal trainers, disc jockeys, and baristas, the National Labor Relations Board (“NLRB” or...more
9/15/2015
/ Best Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Joint Employers ,
Jurisdiction ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Subcontracts ,
Unions
Retailers will be busy this summer attempting to conform their policies and procedures to various local, state, and federal laws, such as the spate of state and city sick leave laws, and analyzing proposed amendments by the...more
6/1/2015
/ Affordable Care Act ,
Ambush Election Rules ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
New Legislation ,
NLRB ,
Popular ,
Proposed Regulation ,
Retailers ,
Sick Leave ,
Wage and Hour ,
Wellness Programs
After a series of false starts, on December 12, 2014, the National Labor Relations Board (“NLRB” or “Board”) adopted a 733-page final rule (“Final Rule”) that will significantly change the Board’s longstanding union election...more
In its Purple Communications, Inc., decision, the National Labor Relations Board (“NLRB” or “Board”) has ruled that “employee use of email for statutorily protected communications on nonworking time must presumptively be...more
The Ebola virus disease (“Ebola”) has become a worldwide threat, which, among many other effects, has forced employers to think about how to protect their employees. Employers also must consider how Ebola might impact...more
In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for...more
The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more
Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more