Earlier this month, Governor Andrew Cuomo announced an amendment to New York State Election Law that will grant registered voters up to three hours of paid time off to vote in public elections. The State Legislature passed...more
On April 22, 2019, the Supreme Court announced that it would take up three cases that address the scope of “sex discrimination” under Title VII. Supreme Court review seemed inevitable given the growing divide regarding how...more
4/29/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Split of Authority ,
Title VII
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
On January 25, 2019, Governor Cuomo signed the Gender Expression Non-Discrimination Act, known as “GENDA.” ...more
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 year, we issued a legal alert informing employers of amendments to the New York State Labor Law, effective October 9, 2018, that will require employers to review and update their anti-sexual harassment policies,...more
8/24/2018
/ Anti-Harassment Policies ,
Comment Period ,
Complaint Procedures ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Public Comment ,
Required Forms ,
Sexual Harassment ,
State Labor Laws
On Wednesday, June 20, the New York State Legislature passed an amendment to the state’s Paid Family Leave Act (PFL), adding “bereavement leave” as a qualifying reason for leave. The amendment will grant virtually all...more
Employers with employees in New York City are already familiar with New York City’s “Earned Sick Time Act” (which went into effect in April 2014). This Act was amended, effective May 5, 2018, to include leave for “safe time”...more
Early on Saturday, March 31, 2018, the New York State Legislature passed a budget bill that includes several changes and additions to workplace sexual harassment law. Governor Andrew Cuomo applauded the measure as the...more
4/11/2018
/ Amended Rules ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Mandatory Arbitration ,
Non-Disclosure Agreement ,
Non-Employees ,
NYDOL ,
NYHRL ,
Personal Liability ,
Prohibited Transactions ,
Public Employees ,
Sexual Harassment ,
State Budgets ,
State Contractors ,
State Labor Laws ,
State Legislatures
On April 2, 2018, the Supreme Court rejected the longstanding principle that Fair Labor Standards Act (“FLSA”) exemptions must be construed narrowly, holding that service advisors at a California automobile dealership are...more
4/9/2018
/ Automotive Industry ,
Car Dealerships ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
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
On February 26, 2018, the Federal appellate court covering New York State ruled that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation. The case is Zarda v....more
A recent amendment to the New York City Human Rights Law (“NYCHRL”) reaffirms that employers must engage in a “cooperative dialogue” with employees who request a “reasonable accommodation.” While this obligation has been...more