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
Two recent developments may signal the beginning of the end for the wave of “frequency-of-pay” litigation that has hit New York employers in recent years.
In a victory for New York employers, the Appellate Division, Second...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
New York Governor Kathy Hochul signed a bill on September 6, 2023, which expands Section 201-d of the New York Labor Law to provide employees with protection from the political and religious ideologies of their employer. The...more
New York inched closer to fully banning non-compete agreements on June 20, 2023, with the Legislature approving a bill banning their use in the future. The bill will soon be sent to Governor Kathy Hochul, who is expected to...more
6/22/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Labor Regulations ,
New Legislation ,
New York ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Labor Laws
A Year in Review: Notable Labor and Employment Law Developments of 2022 -
The year-end provides an opportune time to review some of the notable developments in the world of labor and employment law from this past year –...more
1/4/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employee Monitoring ,
Fair Labor Standards Act (FLSA) ,
Health and Essential Rights (HERO) Act ,
Minimum Wage ,
New Legislation ,
New York ,
NLRB ,
Notice Requirements ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
Private-sector employers with “no-fault” attendance policies in New York will need to revisit their policies following an impending change to New York Labor Law.
On November 21, 2022, New York Governor Kathy Hochul...more
On October 8, 2021, the New York State Department of Labor (“NYSDOL”) issued “Frequently Asked Questions” (“FAQs”) to address common situations and questions relating to the legalization of adult-use cannabis and its effect...more
On March 31, 2021, Governor Andrew Cuomo signed into law the New York State Marijuana Regulation and Taxation Act (“MRTA”), which legalized recreational use of marijuana for adults over the age of 21. Although retail sales of...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 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
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
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
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 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
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
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