On August 30, 2023, the US Department of Labor announced a Notice of Proposed Rulemaking (NPRM) that could significantly change the “white collar exemptions” to the overtime compensation requirements of the Fair Labor Standards Act (FLSA). Under current law, by default all employees covered by the FLSA are entitled to overtime pay at the rate … Continue Reading
The Office of Federal Contract Compliance Programs (OFCCP) will soon require federal contractors to use a Contractor Portal to register and certify that they have their required Affirmative Action Programs (AAP) in place. The portal launched February 1, 2022. Registration began on February 15 and certification began on March 31.… Continue Reading
With the number of coronavirus cases now topping 7,000 in New York state, on Friday, March 20, 2020, Governor Andrew Cuomo officially declared that all workers in non-essential businesses across New York state are required to remain at home starting Sunday evening, March 22 in order to combat the ongoing COVID-19 pandemic. Businesses that do … Continue Reading
On March 18, 2020, New York Governor Cuomo issued an Executive Order that all non-essential businesses shall reduce their in-person workforce by March 20 at 8 pm. On March 19, guidance was released clarifying that in-person workforces at each location must be reduced by 75% from pre-state of emergency declaration employment levels. Employees are of … Continue Reading
On March 18, 2020, New York Governor Andrew Cuomo signed into law providing emergency paid sick leave to New Yorkers. The proposed bill provides job-protected leave benefits for employees affected by COVID-19. Effective March 18, 2020, employees subject to mandatory or precautionary orders of quarantine or isolation issued by the state of New York, the … Continue Reading
As we discussed in our previous posts – see here and here – in April 2018, New York passed legislation intended to combat workplace sexual harassment. Under this new law, employers are required to implement and distribute to employees a written policy prohibiting sexual harassment by October 9, 2018. To assist employers in complying, in … Continue Reading
This month both the State of New York and New York City have passed separate legislation designed to prevent sexual harassment in the workplace. Both laws require employers to conduct mandatory sexual harassment training for all employees. On April 10, 2018, Governor Cuomo signed the Budget Bill, which contains a mandate for employers in the … Continue Reading
With much of the United States covered in ice and snow, many employers are questioning when they need to pay employees who are affected by weather-related disruptions. All throughout the United States employees have been late to work because they were stuck in the snow or their kids’ school was yet again delayed and businesses … Continue Reading
The New York State Department of Labor has issued new, proposed regulations regarding “just-in-time,” “call-in,” and “on-call” pay – or pay required when an employer unexpectedly cancels a covered employee’s shift or calls them into work, or requires them to be on-call. The draft regulations supplement the state’s existing Minimum Wage Order for Miscellaneous Industries … Continue Reading
Come January 1, 2018, employees in California and New York will enjoy new and expanded rights to time off work, with pay, to attend to certain family needs. New York, whose law was enacted in 2016 (see our prior post here), boasts its law as being the nation’s “strongest and most comprehensive” on paid family … Continue Reading
Last month, the New York City Council approved legislation that bars employers from asking prospective hires to disclose their past salary. In passing the measure, New York City joins Massachusetts (see our post here), Puerto Rico and the city of Philadelphia in banning the question from job interviews and on applications. (Also see our post here … Continue Reading
On May 2, 2017, the House passed H.R. 1180, The Working Families Flexibility Act of 2017, which would allow private employers to offer paid time off, also known as “comp time,” instead of time-and-a-half wages for overtime hours. Congress had previously amended the Fair Labor Standards Act in 1985 to allow public-sector employees to be … Continue Reading
On February 16, 2017, the New York State Industrial Board of Appeals (IBA) issued a Resolution of Decision invalidating and revoking regulations that would have required employers to satisfy certain notice requirements and obtain employees’ informed consent in connection with payment by direct deposit or debit card as well as regulated fees charged by vendors. … Continue Reading
The wait is over. The US Department of Labor has released the long-awaited Final Rule modernizing the Fair Labor Standard Act’s (FLSA) white-collar exemptions. The good news, for those who have been following the development of the Final Rule, is that there are no big surprises. What are the changes? Expected to require employers … Continue Reading
The beginning of 2016 is a busy year for New York employers. Both the state and New York City have enacted a variety of laws expanding protections for employees. Employers need to review their policies to ensure they are in compliance. NEW YORK STATE Effective January 19, 2016, the New York State Human Rights Law … Continue Reading
Last week, New York City Mayor Bill DeBlasio signed into law a bill that expands the New York City Human Rights Law and makes it an unlawful discriminatory practice for employers to request or use consumer credit history for employment purposes or otherwise discriminate against an applicant or employee based on their consumer credit history. … Continue Reading
In what could be the beginning of a new era in employment collective and class actions, the Southern District of New York has approved the use of social media as a mechanism to notify potential class members in a wage and hour dispute Mark v. Gawker Media LLC, 2014 U.S. Dist. LEXIS 155424 (Nov. 3, … Continue Reading
On February 27, 2015, amendments to New York’s Labor Law, including the Wage Theft Prevention Act go into effect. On December 29, 2014, Governor Cuomo signed into law a bill (S5885-B, A8106-C) amending the labor law to eliminate the burdensome requirement on employers to have employees sign annual wage notices every January. However, the bill … Continue Reading
As of January 1, 2015, twenty-one states, two counties and five cities have raised the minimum wage for workers. Workers will see an increase in Albuquerque, NM ($8.75 per hour), Arizona ($8.05 per hour), Arkansas ($7.50 per hour), Richmond, CA ($9.60 per hour), San Francisco, CA ($11.05 per hour – increasing to $12.25 on May … Continue Reading
Paid Sick Leave Laws Sweeping the Nation At the polls last week, Massachusetts, Oakland, California, and Montclair and Trenton, New Jersey voters approved measures instituting minimum paid sick leave requirements for workers. Montclair and Trenton are the 7th and 8th cities in New Jersey to require paid sick leave for workers in their cities in … Continue Reading
As the number of pregnancy discrimination lawsuits has increased, the Equal Employment Opportunity Commission (“EEOC”), for the first time in over thirty years, issued a comprehensive guidance update on pregnancy discrimination last month. The EEOC’s guidance serves to clarify its position on a wide range of topics related to pregnancy discrimination as enforced under the … Continue Reading
On August 11, 2014, New Jersey Governor Chris Christie signed the “Opportunity to Compete Act” (“Act”) into law. The Act will limit the ability of New Jersey employers to inquire about the potential criminal record of a job applicant. Under the new law, New Jersey employers will not be permitted to make such inquiries until … Continue Reading
In the US, under the Americans with Disabilities Act (ADA) employers are required to provide qualified individuals who have a disability with a reasonable accommodation absent an undue hardship. Whether working from home is a reasonable accommodation is a fact intensive analysis that should be conducted for each circumstance. However, last week, the Sixth Circuit … Continue Reading
In a move that could have a long lasting impacts on employers large and small, President Barack Obama announced today that he intends to ask the Secretary of Labor to expand the number of employees who would be guaranteed protection by overtime protections contained in the Fair Labor Standards Act (FLSA). It is expected that … Continue Reading
