New York Governor Kathy Hochul recently added to the New York State Labor Law by signing a bill titled “the New York Retail Worker Safety Act” (“RWSA”). The State Legislature crafted the RWSA to promote retail worker safety...more
The U.S. Department of Labor (DOL) recently released a final rule sharply increasing the minimum salary thresholds for the “white-collar” overtime exemptions under the federal Fair Labor Standards Act (FLSA) applicable to...more
The U.S. Department of Labor has officially adopted a rule that makes it more difficult for employers to classify workers as independent contractors, a change that could have profound effect on many industries, including...more
As of September 17, 2023, most private-sector employers in New York State will be required to post a job description and pay range for any job opening, promotion or transfer opportunity the employer advertises.
Governor...more
As of November 1, 2022, most employers in New York City must comply with the City’s new pay transparency legislation. The legislation amends the N.Y. City Human Rights Law (“NYCHRL”), requiring covered employers to include...more
11/17/2022
/ Certifications ,
City of New York ,
Department of Labor (DOL) ,
Enforcement ,
Final Rules ,
Foreign Nationals ,
Foreign Workers ,
Hiring & Firing ,
Human Rights ,
Job Ads ,
Pay Transparency ,
PERM ,
Prevailing Wages ,
Wage and Hour
If your staff member wants his or her paycheck in cryptocurrency, should you – as an employer keeping up with the times — accommodate the request?
You don’t have to work in Silicon Valley or play for the NFL to field this...more
7/29/2022
/ Bitcoin ,
Blockchain ,
CFTC ,
Compensation ,
Cryptocurrency ,
Department of Labor (DOL) ,
Digital Assets ,
Estate Planning ,
Ethereum ,
Fair Labor Standards Act (FLSA) ,
New York ,
Payment Systems ,
Popular ,
Securities and Exchange Commission (SEC) ,
Wages
In March of 2022, New York Governor Kathy Hochul signed legislation directing the New York State Division of Human Rights (“DHR”) to establish a toll-free confidential hotline designed to provide counsel and assistance to...more
Businesses likely recall the 2018 and 2019 updates to the New York Human Rights Law (“HRL”), the State’s primary workplace anti-harassment and anti-discrimination law. A trio of legislative bills signed into law yesterday ...more
On January 13, 2022, the U.S. Supreme Court issued an opinion in which it ordered a stay on the enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) pending disposition...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As explained in our previous legal alerts, which are available here and here, the New York Health Essential Rights Act (“HERO Act”) requires all private employers to, among other things, develop infectious disease exposure...more
New York's recently enacted Health & Essential Rights Act, otherwise called the HERO Act, has been modified.
As discussed in our earlier Alert, Governor Andrew Cuomo signed the HERO Act into law in early May. The law...more
On January 14, 2021, New York State Department of Labor (“DOL”) Commissioner Roberta Reardon signed an Order that temporarily cancels unemployment insurance (“UI”) charges to employers for the duration of the COVID-19...more
On Friday, the U.S. Department of Labor (“DOL”) issued much-anticipated revisions and clarifications to its Families First Coronavirus Response Act (“FFCRA”) regulations, in response to a U.S. District Court for the Southern...more
Soon after the U.S. Department of Labor (“DOL”) issued its Families First Coronavirus Response Act (“FFCRA”) regulations in early April 2020, the State of New York filed a lawsuit against the DOL, challenging several...more
On July 16, 2020, the U.S. Department of Labor (“DOL”) released new, streamlined forms that employers may voluntarily use for the administration of leave under the Family and Medical Leave Act (“FMLA”). In connection with the...more
In an Executive Order issued late Friday night, Gov. Andrew Cuomo's office clarified that individuals who voluntarily travel to states with significant coronavirus spread will not be entitled to paid quarantine leave from...more
As explained in our previous legal alert, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced last month that most employers would not be required to determine if workers’ COVID-19...more
The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) released new guidance for employers on Friday, April, 10, 2020. The guidance offers helpful clarifications and scales back enforcement of...more
Under the Fair Labor Standards Act, non-exempt employees must receive one and one half times their regular rate of pay for all hours worked over forty in a work week. The “regular rate” is generally calculated by dividing...more
12/27/2019
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Fringe Benefits ,
Non-Exempt Employees ,
Popular ,
Rate of Pay ,
Wage and Hour
On September 24, 2019, the United States Department of Labor (“DOL”) released the long-awaited revised rule regarding overtime exemptions under the federal Fair Labor Standards Act (“FLSA”). The rule makes adjustments to the...more
Continuing a busy summer of changes, on July 29, 2019, Governor Cuomo signed an amendment to New York state’s Labor Law that adds protections for employees who complain of suspected wage-and-hour violations. The amendment is...more
On Thursday March 7, 2019, the United States Department of Labor ("U.S. DOL") proposed a new "overtime rule," which would raise the minimum salary level for employees under the Fair Labor Standards Act's "white collar"...more
3/11/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Notice of Proposed Rulemaking (NOPR) ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Trump Administration ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
White-Collar Exemptions
In what has become an annual tradition, New York state employers should once again take note of mandatory wage and salary increases that will take effect at year’s end. In addition, employers should be aware of the increased...more
12/21/2018
/ Americans with Disabilities Act (ADA) ,
Call-In Pay ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Insurance Rates ,
Minimum Salary ,
Minimum Wage ,
NYDOL ,
Over-Time ,
Paid Family Leave Law ,
Rescission ,
State Labor Laws ,
Wage and Hour ,
Wellness Programs
Earlier this month, the U.S. Department of Labor (DOL) published an updated set of Family and Medical Leave Act (FMLA) forms for employers’ use. The forms are virtually identical to prior forms. The new FMLA forms are...more
Earlier this month, the Federal Department of Labor (“DOL”) announced a new pilot program for employers to audit and self-report their payroll practices to the DOL. The program is dubbed the “Payroll Audit Independent...more
3/20/2018
/ Audits ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Pilot Programs ,
Labor Law Violations ,
Minimum Salary ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Self-Reporting ,
State Labor Laws ,
Wage and Hour