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Remote Working New York

Rivkin Radler LLP

Employer to Nonresident Employee: “You Cannot Work in New York”; New York to Employee: “We Will Tax You Anyway”

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You are probably aware that many employers are discarding the fully flexible, remote work policies that were forced upon them – as “nonessential” businesses – during the COVID-19 pandemic[i] and which they retained as an...more

Rivkin Radler LLP

New York Tax Continues to Inconvenience Nonresidents Working Remotely

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Last Friday, New York’s Governor Hochul delivered the following remarks at the annual meeting of the Business Council of New York State:“Someone asked me today, are we going to raise income taxes? I said, ‘I’m not raising...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Dismisses Remote Employee's Discrimination Claim Brought Under New York State Human Rights Law

On March 20, 2024, the Second Circuit dismissed a remote employee's discrimination claim brought under the New York State Human Rights Law (NYSHRL). The Court held that the employee's discrimination did not meet the "impact...more

Lippes Mathias LLP

An Employer’s Guide to Navigating New York State's Nursing Mothers in the Workplace Act

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On June 7, 2023, amendments to New York State's Nursing Mothers in the Workplace Act (the "Act") took effect. In short, the amendments required employers to provide designated areas for employees to express breast milk that...more

Proskauer - Law and the Workplace

Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law

In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more

Hinshaw & Culbertson - Employment Law...

New York Expands Anti-Discrimination Laws for Nonresident Job Seekers

On March 14, 2024, the New York Court of Appeals held that nonresident prospective employees who seek employment opportunities in New York State or New York City and are denied due to discriminatory conduct are eligible to...more

Pillsbury - SeeSalt Blog

Try, Try Again—New York’s Convenience of the Employer Rule Sources Nonresident Wages to New York Even During the Pandemic

A New York nonresident taxpayer, Edward Zelinsky, recently filed a notice of exception to a Division of Tax Appeals’ (DTA) determination that he must allocate all his wages to New York under the so-called “convenience of the...more

Mintz - Employment Viewpoints

2023 New York Employment Law Roundup

Although 2023 perhaps did not see the passage of any laws quite as impactful as 2022—which, as employers will recall, included New York State enacting its own pay transparency law (see here) and novel New York City Council...more

Fox Rothschild LLP

New Law in New York Threatens Employer Ownership of Employee Inventions

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New York state recently amended Labor Law Section 203-f, codifying a hurdle for employers who seek to claim ownership over an employee's inventions. The law, which is similar to laws enacted in other states[1], has three...more

Cozen O'Connor

Cozen Cities - November 1, 2023

Cozen O'Connor on

Gig Economy & Technology- BALTIMORE — Baltimore Selected as Federal Tech Hub for AI, Biotechnology The Baltimore region has been awarded a federal designation as a national tech hub, which could generate hundreds of...more

Davis Wright Tremaine LLP

Amendments to New York WARN Act Now in Effect

Amendments to the New York State Worker Adjustment and Retraining Notification Act (NY WARN Act) that the New York State Department of Labor (NY DOL) adopted in June 2023 are now in effect. Among other things, the amended...more

Lowenstein Sandler LLP

New York Updates State WARN Act

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On June 21, 2023, the New York Department of Labor (“DOL”) adopted amendments to the New York State Worker Adjustment and Retraining Notification Act (the “Act”) regulations to “address the post-pandemic employment climate.”...more

Morgan Lewis

Legislation Clarifies Reach of New York Salary Transparency Law to Remote Workers

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New York Governor Kathy Hochul recently signed legislation amending the state’s recently enacted salary transparency law (the Salary Transparency Law) requiring the disclosure of compensation ranges in job advertisements. As...more

Nilan Johnson Lewis PA

New York Clarifies Scope of Pay Scale Reports

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For multi-state employers tracking pay transparency laws requiring salary ranges in job postings, recent amendments to the New York law provide welcome clarity. In its original form, the New York law would have required...more

Harris Beach Murtha PLLC

New York Amends New Pay Transparency Law to Clarify Impact on Remote Workers, Record Keeping and More

New York state recently made a few notable amendments to its Pay Transparency Law requiring New York employers to include pay ranges and job descriptions in advertisements for jobs, promotions and transfer opportunities. ...more

Fisher Phillips

New York State Expands – and Contracts – Pay Transparency Law to Address Remote Work Questions

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In advance of the September 17 effective date of New York’s impending pay transparency law, state lawmakers just amended the law in ways that both expand and contract the obligations imposed on employers — particularly with...more

Rivkin Radler LLP

New York’s Convenience of the Employer Rule – New Jersey and Connecticut Respond

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History is replete with examples of leaders who chose to battle, or who were forced into defending against, enemies on two fronts. Rarely did it end well for the combatant that occupied the middle ground. In a sense, New...more

Harris Beach Murtha PLLC

NY Makes Changes to Notary Public Laws for In-Person and Electronic Notarizations

Remote electronic notarization is now permanent in the state of New York, and notaries who register with the Department of State beginning Feb. 1, 2023, and comply with the new rules, will be able to perform electronic...more

Lippes Mathias LLP

New York Department of Labor Issues Updated Model Sexual Harassment Policy—And Claims that the Model Policy Is Now a “Minimum...

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The New York State Department of Labor recently issued a proposed updated model Sexual Harassment Prevention Policy (the “Proposed Policy”) to replace the original model policy issued approximately four years ago under New...more

Foley & Lardner LLP

Pay Transparency Laws Are All The Rage: Looks Like New York State Is Joining the Party

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Pay transparency laws are catching fire in legislative bodies around the country. As we have previously reported, these laws, which target pay equity, have gone into effect in a number of jurisdictions, such as Colorado and...more

Rivkin Radler LLP

Statutory Residence in New York: Time to Rethink the “Permanent Place of Abode” Test?

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Escape from New York- According to data released by the IRS earlier this year, the pandemic triggered a “wealth migration” that saw high-tax states like New York lose high-income earners to low-tax jurisdictions such as...more

Constangy, Brooks, Smith & Prophete, LLP

Remote workers outside NY can’t bring bias claims under NY state and city human rights laws, court says

A federal court recently ruled that an employee working remotely from New Jersey cannot assert claims under New York State’s and New York City’s Human Rights Laws. Judge Edgardo Ramos said that the alleged discriminatory...more

Fisher Phillips

We’re Watching You: New York Employers Must Soon Provide Notice of Digital Workplace Monitoring

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New York employers who monitor employee’s telephone calls, e-mails, or internet use must soon provide written notice to employees. The change comes during an era where many employees are communicating with each other via...more

Mintz - Employment Viewpoints

NY HERO Act Plans ACTIVATED – Employer Action Required - September 2021

...The New York State Commissioner of Health has designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health.” This means that the HERO Act’s many requirements...more

Fox Rothschild LLP

NYC Issues Guidance On Accommodations For ‘Key To NYC’ Vaccine Mandate

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The New York City Commission on Human Rights has issued guidance for businesses on the accommodations they must provide employees and customers in response to New York City’s “Key to NYC” mandatory vaccination requirements...more

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