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Acting NLRB GC Cowen Rescinds Multiple Abruzzo-Era Memos

Under the Biden administration and with former General Counsel Jennifer Abruzzo at the helm, the National Labor Relations Board (“the Board”) adopted a pro-union, pro-employee agenda. As expected, under the Trump...more

Prepare for Pro-Employer Shift in Labor Law under the Trump Administration

Decisions and policies under the National Labor Relations Board ("NLRB" or "Board") have become increasingly politicized the last few decades resulting in significant swings between pro-employer and pro-union/employee...more

New York State Freelance Isn't Free Act

Vetoed in 2022, subsequently signed into law by Governor Kathy Hochul last year, and rolled out with a delay, New York State's Freelance Isn't Free Act (FIFA) finally goes into effect on August 28, 2024. The legislation is...more

What's Old Is New Again: Department of Labor Issues Final Rule Returning to Totality-of-Circumstances Test to Determine...

Earlier this month, the U.S. Department of Labor (DOL) published a final rule on how employers should properly determine whether a worker is to be classified as an employee or an independent contractor under the Fair Labor...more

NLRB Sets New Standard for Evaluating Workplace Rules

On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023), which creates a new standard for evaluating whether a company's workplace rules violate the National...more

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more

Supreme Court Redefines Burden on Employers Facing Religious Accommodation Requests

On Thursday, June 29, 2023, the Supreme Court of the United States, in Groff v. DeJoy, unanimously decided to clarify the standard under which employers must evaluate religious accommodation requests. In doing so, the Court...more

Governor Hochul Signs Minimum Wage Hikes

On May 3, 2023, New York Governor, Kathy Hochul, signed the state budget legislation which will incrementally increase the state's minimum wage. The increases will maintain the state's tiered approach, whereby New York City,...more

U.S. Department of Labor Releases Guidance on Teleworkers

The U.S. Department of Labor (DOL) Wage and Hour Division recently issued a Field Assistance Bulletin (FAB) advising on certain applications of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) for...more

Pay Audits: Factors Employers Should Consider to Maintain and Protect Privileges

​​​​​​​Companies conduct pay audits for a variety of reasons—whether it's to ensure the company is meeting certain benchmarks, to comply with audit requirements under state or federal laws, to promote or improve workplace...more

Internship Laws In Review: Ensuring Your Next Internship Program Does Not Run Afoul of State and Federal Labor Laws

​​​​​​​As internship season ends, now is a perfect time for employers to review their internship programs to ensure compliance with federal, state and local labor and employment laws. Overview of Internships -...more

The Continued Expansion of New York's Workplace Harassment Protection

In March 2022, New York Governor Kathy Hochul signed three new bills into law that bolster New York State's anti-harassment and anti-discrimination laws. These three enacted laws address (i) release of employee personnel...more

The Advantages of Using Legal Counsel in HR Matters

Besides receiving what is hoped to be sound and constructive advice, the use of legal counsel by human resources (HR) departments and in-house counsel on HR matters may have the additional benefit of protecting sensitive, and...more

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