Several regions of New York state moved to Phase 4 of the state's reopening plan today, Friday June 26. Phase 4 is currently designated as the final phase of the state's reopening plan, though some industries remain unclear...more
Following publication of this Alert, Gov. Cuomo issued an Executive Order making an important change to employee leave rights related to voluntary travel to high-risk states.
The latest Executive Order issued by Governor...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
In a landmark decision, the U.S. Supreme Court ruled earlier today (June 15, 2020) that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects employees from workplace discrimination on the basis of sexual...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
*Information in this Alert is current as of 4 p.m., June 10, 2020. The alert may be updated as New York clarifies reopening details.
New York State has published guidance for industries permitted to reopen in “Phase Three”...more
6/11/2020
/ Coronavirus/COVID-19 ,
Massage Therapists ,
New York ,
Personal Protective Equipment ,
Public Safety ,
Re-Opening Guidelines ,
Restaurant Industry ,
Social Distancing ,
Tattoos ,
Virus Testing ,
Workplace Safety
*Information in this Alert is current as of 3 p.m., May 29, 2020; the alert may be updated as New York clarifies reopening details.
In the early morning hours of Friday, May 29, New York State unveiled reopening guidance...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
Phase One of New York state's reopening is underway for several regions as of Friday May 15. Phase One covers businesses in the following industries:
Construction; -
Manufacturing; -
Agriculture, forestry, fishing, and...more
5/18/2020
/ Construction Industry ,
Coronavirus/COVID-19 ,
Fishing Industry ,
Forestry ,
Hunting ,
Manufacturing Employers ,
New York ,
Re-Opening Guidelines ,
Retailers ,
Wholesale ,
Workplace Safety
As employers start planning to reopen, there have been questions about how to implement COVID-19 risk-reduction measures in way that is consistent with workplace discrimination laws. On Thursday, May 7, 2020, the U.S. Equal...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
In the latest workplace measure aimed at controlling the spread of COVID-19, essential businesses and entities in New York State will be required to provide their employees with "face coverings" no later than 8 p.m. on...more
**IMPORTANT: WORKFORCE REDUCTION MAY BE REQUIRED**
As reported in our earlier Legal Alert, New York’s Empire State Development Corporation (ESDC) released guidance late Thursday night on Governor Andrew Cuomo’s Executive...more
UPDATE: This Alert has been updated to include guidance on what businesses will be considered "essential" and exempt under Governor Cuomo's Executive Order mandating a 75 percent reduction in workforce. See the section below...more
MARCH 18 UPDATE:
Negotiations are continuing on a Federal relief bill. Updated reasons for leave under the Sick Leave Act are now:
1. the employee is subject to a Federal, State, or local quarantine or isolation...more
As the first case of Coronavirus appears in New York state, it is in the best interest of school districts and employers to understand and be prepared for issues related to Coronavirus.
2019 Novel (new) Coronavirus...more
As noted in our previous Legal Alert, New York’s new “salary history ban” law took effect on January 6, 2020. New York State has now issued guidance on the law that clarifies certain aspects of the salary history ban.
In...more
1/15/2020
/ Best Practices ,
Employer Liability Issues ,
Exclusions ,
Hiring & Firing ,
Human Resources Professionals ,
Human Rights ,
Job Applicants ,
Municipalities ,
Pay Equity Laws ,
Salary/Wage History ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour
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
A recently-enacted amendment to the New York Labor Law prohibits employers from discriminating against employees on the basis of employees’ or their dependents’ “reproductive health decision making.” The law took effect on...more
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
The legal updates keep coming for New York employers.
Under another recently signed amendment, victims of domestic violence will be entitled to expanded protections under the New York Human Rights Law. The amendment goes...more
On Monday, August 12, 2019, New York Governor Andrew Cuomo signed off on a major expansion of the state's workplace harassment and anti-discrimination law. Although the measures were passed by the State Legislature against...more
8/14/2019
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Policies ,
Faragher/Ellerth defense ,
Human Rights Code ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
Sexual Harassment ,
State Labor Laws ,
Title VII
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
Adding to an already busy summer of New York state employment law developments, employers and human resources professionals should take note of an amendment to the state’s Human Rights Law that adds protections for employees...more
New York state lawmakers were busy during the final days of the legislative session, introducing and passing several bills as part of an aggressive agenda to overhaul New York state employment laws. In addition to passing...more
In the closing days of its session, the New York State Legislature has passed sweeping changes to New York’s employment discrimination and harassment law. Major amendments to the state’s Human Rights Law significantly lower...more
6/24/2019
/ Affirmative Defenses ,
Amended Rules ,
Anti-Harassment Policies ,
Burden of Proof ,
Employer Liability Issues ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Harassment ,
Human Rights Code ,
Policies and Procedures ,
State Labor Laws ,
State Legislatures