On October 29, 2021, the Wage and Hour Division of the U.S. Department of Labor (DOL) published the last provisions of its “Tip Regulations Under the Fair Labor Standards Act,” also known as the 2020 Final Tip Rule.
As...more
New York City’s Key to NYC mandate for indoor dining, gyms and entertainment venues is now in effect. Below are the requirements of the mandate as set forth in the various Executive Orders that have been issued, as well as in...more
10/6/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Entertainment Venues ,
Executive Orders ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Masks ,
New York ,
Pregnancy ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Exemption ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
World Health Organization
New York City Council has passed a package of six bills that together regulate nearly every aspect of the relationships between third-party food delivery services and their delivery workers within New York City. The bills,...more
On September 6, 2021, New York Gov. Kathy Hochul announced the designation of COVID-19 as an airborne infectious disease under the state's HERO Act. This designation requires New York employers to implement their workplace...more
9/8/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employee Training ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
NYDOL ,
Personal Protective Equipment ,
Required Documentation ,
Safety Standards ,
Workplace Safety
As hospitality establishments in New York City are well-aware, starting on September 13, 2021, the city will impose fines on restaurants, bars and event venues that do not comply with the Key to NYC vaccination mandate. As it...more
Surprising no one, New York City again updated the requirements of the Key to NYC vaccination mandate for indoor dining, fitness and entertainment venues.
On August 25, 2021, Mayor Bill de Blasio issued Emergency...more
Yet again, New York City has updated the requirements of the Key to NYC vaccination mandate for indoor dining, fitness and entertainment venues. On August 20, 2021, Mayor Bill de Blasio issued Emergency Executive Order No....more
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
8/19/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Entertainment Venues ,
Executive Orders ,
Human Rights ,
Leave of Absence ,
New York ,
Popular ,
Reasonable Accommodation ,
Religious Beliefs ,
Remote Working ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports
New York City has continued to update the “Key to NYC" requirements since the initial Executive Order was published August 16, 2021. After we released our prior alert discussing the “Key to NYC” mandatory vaccination...more
New York City Mayor Bill de Blasio issued an Executive Order on August 16, 2021 setting forth the requirements of the “Key to NYC” vaccine mandate that was announced earlier this month for indoor dining, gyms and...more
8/17/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Food and Drug Administration (FDA) ,
Hospitality Industry ,
New York ,
Popular ,
Recordkeeping Requirements ,
Restaurant Industry ,
State and Local Government ,
Vaccinations ,
World Health Organization
Approximately 16 months after COVID-19 forced New York to a screeching halt, many restaurants, hotels, bars, caterers and other hospitality establishments are finally reopening for business. As the hospitality industry...more
7/22/2021
/ Age Discrimination ,
Coronavirus/COVID-19 ,
Events ,
Exempt-Employees ,
Harassment ,
Health and Essential Rights (HERO) Act ,
Hospitality Industry ,
Layoffs ,
New York ,
Non-Exempt Employees ,
Popular ,
Rehiring Issues ,
Tip Credit
As set forth in our March 15, 2021 alert and April 23, 2021 alert, the New York Health and Essential Rights Act (HERO Act) requires almost all employers in the state to adopt a health and safety plan to protect workers from...more
On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA).
These new rules would reinstate the so-called “80/20” rule under...more
Effective May 19, 2021, New York State will adopt the Center for Disease Control’s (CDC) Public Health Recommendations for Fully Vaccinated People (CDC Guidance). As Gov. Andrew Cuomo previously announced, the State on that...more
5/20/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Food and Drug Administration (FDA) ,
Governor Cuomo ,
Infectious Diseases ,
Masks ,
New Guidance ,
Public Transportation ,
Religious Exemption ,
Restaurant Industry ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
New York City hospitality employers face a myriad of requirements under federal, state, and local laws.
This employment law "checklist" provides a guide for such businesses in order to ensure that they are onboarding new...more
5/7/2021
/ Children's Health Insurance Program (CHIP) ,
Compliance ,
Employee Handbooks ,
Employment Authorization Documents (EAD) ,
Fair Credit Reporting Act (FCRA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Hospitality Industry ,
New York ,
Paid Leave ,
Paid Time Off (PTO) ,
Personnel Records ,
Policies and Procedures ,
Separation Agreement ,
State and Local Government ,
State Labor Laws ,
Termination ,
Wage and Hour ,
Wage Statements
On March 1, 2021, the New York State Senate passed the NY HERO ACT (Senate Bill S1034A) (the Act), which, if enacted into law, would require businesses to implement enforceable safety standards to prevent further spread of...more
3/15/2021
/ Coronavirus/COVID-19 ,
Governor Cuomo ,
Infectious Diseases ,
Masks ,
New York ,
Personal Protective Equipment ,
Policies and Procedures ,
Re-Opening Guidelines ,
Sanitation ,
Social Distancing ,
Workplace Safety
On March 6, 2021, the Senate passed President Joe Biden’s $1.9 trillion COVID-19 relief package known as the American Rescue Plan (ARP), including a $28.6 billion fund to assist restaurants. The relief package now heads back...more
3/9/2021
/ Bernie Sanders ,
Business Closures ,
Business Expenses ,
Business Interruption ,
Coronavirus/COVID-19 ,
Federal Grants ,
Joe Biden ,
Minority-Owned Businesses ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Restaurant Industry ,
Veterans ,
Women-Owned Businesses
The United States Department of Labor (DOL) issued a final rule (Final Rule) on December 22, 2020, addressing tipped employees and the Fair Labor Standards Act (FLSA). The Final Rule was implemented as a result of the...more
On December 17, 2020, New York City Council passed amendments to the Fair Work Practices chapter of the New York City Administrative Code, referred to as the “Fair Work Week Law,” that will significantly alter the...more
12/22/2020
/ At-Will Employment ,
Failure to Perform ,
Fair Workweek ,
Fast-Food Industry ,
Hiring & Firing ,
Just Cause ,
Layoffs ,
Restaurant Industry ,
Seniority ,
Wage and Hour ,
Work Schedules
As we approach the end of the year, it is critical to remember and implement the new legal requirements that go into effect in New York on December 31, 2020 and shortly thereafter. Failure to comply with these requirements...more
12/15/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
New York ,
Paid Sick Leave Act ,
Rate of Pay ,
Sick Leave ,
State Labor Laws ,
Tipped Employees ,
Uniforms ,
Wage and Hour ,
Wages
The New York State Department of Labor (DOL) published proposed regulations on December 9 that provide more details on the recently enacted New York State Sick Leave Law (NYSSL), which imposes sweeping paid sick leave...more
As described in our prior alert, New York enacted the New York State Sick Leave Law (NYSSL) imposing sweeping paid sick leave requirements for New York employers. Under the NYSSL, employees begin to accrue paid sick leave on...more
10/27/2020
/ Accrual Requirements ,
Carryover Basis ,
Coronavirus/COVID-19 ,
Earned Sick and Safe Time Act ,
Emergency Sick Leave Laws ,
New York ,
NYDOL ,
Policies and Procedures ,
Sick Leave ,
Sick Pay ,
State Labor Laws
New York City Council passed legislation on September 23, 2020, that would significantly affect New York City hotels and possibly restaurants and other food outlets and retail stores within a hotel property. The legislation...more
On September 16, 2020, the New York City Council passed a law that would allow New York City restaurants to charge customers a 10% COVID-19 Recovery Charge to help businesses recover as they begin to reopen. The measure will...more
Governor Andrew Cuomo announced some long-anticipated and welcome news on September 9 for New York City restaurant owners—beginning on September 30, 2020, restaurants in New York City will be permitted to resume indoor dining...more