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 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
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
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
Considering that many furloughs and layoffs are approaching six months in length (and are likely to last longer), employers need to reassess whether they are now required to issue employment-related notices under New York...more
9/8/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Furloughs ,
Hiring & Firing ,
Layoff Notices ,
Layoffs ,
New York ,
Notice Requirements ,
State and Local Government ,
Wage and Hour ,
WARN Act
The New Jersey Department of Labor and Workforce Development (NJDOL) announced new regulations on August 14 to protect tipped workers. The new regulations detail the rules for employers of tipped employees that were...more
The New York legislature passed the State Budget on April 2, 2020, which contains a provision amending the New York Labor Law to create a general paid sick leave program for employees. Gov. Andrew Cuomo signed the legislation...more
New York rang in the new year with a pair of significant labor law developments. Governor Andrew Cuomo announced on December 31 that the Department of Labor would end the tip credit for “miscellaneous” industries by the end...more
As we approach the end of the year, it is critical to remember and implement some of the new legal requirements that go into effect in New York on December 31, 2019. Failure to comply with these requirements could subject an...more
The U.S. Department of Labor has proposed a new rule to allow employers who do not take a tip credit to establish “nontraditional” tip pools that include back-of-the-house employees and others who are not traditionally...more
Chicago’s Fair Workweek Ordinance imposes a sweeping, predictive scheduling obligation on employers to provide employees with advance notice of work schedules and pay employees “predictability pay” for late changes to an...more
8/5/2019
/ Collective Bargaining ,
Employee Rights ,
Employer Liability Issues ,
Fair Workweek ,
Healthcare Workers ,
Hospitality Industry ,
Local Ordinance ,
Manufacturers ,
Restaurant Industry ,
Retailers ,
Wage and Hour ,
Work Schedules
New York State is poised to prohibit employers from relying on or inquiring about an applicant’s or employee’s wage or salary history.
An amendment recently passed by the state legislature would bar employers in New York...more
New York State will vastly expand the scope of its Equal Pay Act to cover all characteristics protected under the New York Human Rights Law, including age, race, creed, national origin, sexual orientation and disability....more
The New York State Assembly and Senate have passed a bill that would allow employees to obtain liens on their employers’ personal and real property when there are allegations that the employees were underpaid, even when the...more
Joining a trend sweeping the country, Connecticut lawmakers passed a bill that introduces a schedule to increase the minimum wage to $15 per hour by June 2023.
Gov. Ned Lamont signed the bill this morning, and employers...more
The Westchester County Board of Legislators has adopted a stand-alone safe leave law that provides victims of domestic violence and human trafficking additional time off for qualifying reasons. The safe leave provided for in...more
Westchester County's mandatory Earned Sick Leave Law is now in effect, prompting the County to publish a Notice of Employee Rights that must be provided to all new employees upon commencement of employment and to all existing...more
In a growing trend among major cities, Philadelphia has enacted a law that will impose stringent new scheduling and workplace management practices on hospitality industry and retail employers with more than 250 employees and...more
The New York State Department of Labor (NYDOL) announced that, at this time, it is no longer going to pursue regulations to the Miscellaneous Industries Wage Order that would have required “call-in pay” or “on-call”...more
The Tipped Wage Workers Fairness Amendment Act of 2018 (TWWFAA) allows employers in the District of Columbia to continue to take a tip credit towards their minimum wage obligations to qualifying employees and instead pay a...more
The New York State Department of Labor has issued proposed regulations that would change the current rules for call-in pay across the state and add new requirements that employees be paid when their shifts are cancelled, they...more
New York’s Suffolk County has joined an ever-growing list of jurisdictions that ban pre-employment inquiries into and/or consideration of an applicant’s salary history. On November 30, 2018, Suffolk County Executive Steven...more