On September 28, 2020, Mayor Bill de Blasio signed Int. No. 2032-A (“Amendments”) into law, amending New York City’s Earned Safe and Sick Time Act (“NYC ESSTA”) to align with New York State’s Paid Sick Leave Law (“NY PSLL”)....more
On June 15, 2020, and June 24, 2020, New York Governor Andrew Cuomo issued two Executive Orders (“EO”) numbers 202.45 and 205, which address COVID-19 travel-related restrictions. ...more
Effective August 25, 2020, Suffolk County, New York, will become the state’s fifth locality to enact a “ban the box” law. Similar to measures adopted by Buffalo, Rochester, and Westchester County, Suffolk County’s Fair...more
On March 18, 2020, shortly after it passed the U.S. Senate by a vote of 90-8, H.R. 6201, the Families First Coronavirus Response Act (“Act” or “Law”), was signed into law by President Trump. The Act, which takes effect by...more
[Update: The Senate Passed the Revised Bill by a Vote of 90-8; It Now Goes to the President]
As we previously reported, on March 14, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response...more
Early Saturday morning, March 14, 2020, the U.S. House of Representatives voted 363-40 to pass the Families First Coronavirus Response Act (H.R.6201) (the “Bill”), a sweeping piece of legislation aimed at reducing the...more
As previously discussed, Colorado has taken steps to increase the salary threshold for employees that fall under the “white collar” exemptions, following in the footsteps of Alaska, California, New York, Maine, and Washington...more
2/12/2020
/ Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Requirements ,
Rulemaking Process ,
Salaried Employees ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Most employers are well aware that employees must be paid on a “salary basis” to be considered exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”). ...more
2/11/2020
/ Employee Definition ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Regulations ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
Wage Deductions ,
White-Collar Exemptions
An amendment to the New York City Human Rights Law (“NYCHRL”) that expands “employment” protections for freelancers and independent contractors (“Law”) became effective January 11, 2020. The New York City Commission on Human...more
2/10/2020
/ Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
NYCCHR ,
NYCHRL ,
Reasonable Accommodation ,
Sexual Harassment
We have written extensively on mandatory vaccination policies and employers’ obligations to accommodate requests for exemption based on religious or disability grounds. The Fifth Circuit Court of Appeals has issued a recent...more
On October 30, 2019, the Safe Time Leave Law (“Law”) in New York’s Westchester County went into effect. To help employers comply with their obligations under the Law and to advise employees of their rights, the County has...more
11/27/2019
/ Domestic Violence ,
Earned Sick Time ,
Employer Liability Issues ,
Employment Policies ,
Local Ordinance ,
New Guidance ,
Paid Time Off (PTO) ,
Safe Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On October 13, 2019, New York City enacted Int. 136-A (“Law”), which will extend the employment protections of the New York City Human Rights Law (“NYCHRL”) to freelancers and independent contractors, thereby allowing these...more
After a prolonged legal battle that began in 2015, Pittsburgh’s Paid Sick Days Act (“Act”) will soon become effective. Opponents of the Act had successfully challenged it in the lower courts, which found that the City of...more
This edition of Take 5 highlights compliance with cutting-edge issues—such as pay equity, workplace violence, and artificial intelligence (“AI”)—that have a significant impact on retailers. We also provide an update on...more
7/16/2019
/ Artificial Intelligence ,
Drug Testing ,
Employee Training ,
Employer Liability Issues ,
Equal Pay ,
Hiring & Firing ,
Marijuana ,
NLRA ,
NLRB ,
OSHA ,
Workplace Hazards ,
Workplace Safety ,
Workplace Violence
Hospitality remains at the forefront of demanding industries where employers must be ever vigilant in their efforts to ensure full compliance with federal, state, and local employment laws and regulations. We highlight below...more
5/15/2019
/ Anti-Harassment Policies ,
Compliance ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Internships ,
Joint Employers ,
New Rules ,
NLRB ,
Notice of Proposed Rulemaking (NOPR) ,
Primary Beneficiary Test ,
Wage and Hour ,
White-Collar Exemptions
As we previously reported, effective March 17, 2019, employers with four or more employees in New York City must provide employees with break time and a private space to express milk, unless doing so would cause undue...more
Effective March 4, 2019, Westchester County will become the fourth local jurisdiction in New York State to “ban the box”—i.e., prohibit employers from including questions about applicants’ criminal convictions or arrests on...more
On January 20, 2019, Int. No. 863-A (“Law”), which, among other things, prohibits employment discrimination based on an individual’s sexual and reproductive health choices, became law following the New York City Council’s...more
On November 20, 2018, Suffolk County, New York’s Legislature passed the Restricting Information on Salaries and Earnings Act (“RISE Act” or “Act”). With limited exceptions, the Act will prohibit employers in Suffolk County...more
On December 7, 2018, Governor Andrew M. Cuomo signed into law an amendment to New York Labor Law (“NYLL”) Section 193 (“NY Wage Deduction Law”) extending the NY Wage Deduction Law, which had expired on November 6, 2018, until...more
On October 17, 2018, as part of a set of bills known as the “Mother’s Day Bills,” the New York City Council passed two measures concerning lactation accommodation in the workplace. The pair of bills, Int. 879-2018 and Int....more
Earlier this year, the New York City Council passed a series of laws known as the Stop Sexual Harassment Act (“Act”). The New York City Commission on Human Rights (“Commission”) has now issued additional information and...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
On January 19, 2018, New York City enacted Int. No 804-A (“Bill”), which will amend the New York City Human Rights Law (“NYCHRL”) to require covered entities—including employers and public accommodations—to engage in a...more
In a move allowing increased flexibility for employers and greater opportunity for unpaid interns to gain valuable industry experience, the United States Department of Labor (“DOL”) recently issued Field Assistance Bulletin...more