In light of the impact of the global COVID-19 pandemic, employers have made adjustments to facilitate remote working, with some considering maintaining expanded remote work policies even after government restrictions are...more
Employers in New York should be aware of the state’s new paid sick leave law, which was enacted on April 3, 2020 and went into effect on Wednesday, September 30. This state-wide law includes employers in New York City and...more
The legal community paid close attention to the California Supreme Court’s 2018 Dynamex decision which adopted a strict test to curtail misclassification of workers as independent contractors. Now that the California...more
10/16/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Many employers offer paid parental leave policies to employees, affording new parents paid time off to care for a new child. Though some employers offer paid parental leave to both new mothers and fathers of equal length,...more
6/4/2019
/ Caregivers ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Policies ,
Maternity Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Paternity Leave ,
Risk Management ,
Sex Discrimination ,
Title VII
In an Opinion Letter released on Tuesday, May 14, the Office of the National Labor Relations Board’s General Counsel opined that Uber drivers are not legal “employees” for the purposes of federal labor laws. ...more
5/20/2019
/ Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
NLRB ,
NLRB General Counsel ,
Opinion Letter ,
Over-Time ,
Rulemaking Process ,
Uber ,
Wage and Hour
Following months of speculation, the Supreme Court announced yesterday that it would decide whether the prohibition in Title VII against discrimination “because of sex” encompasses discrimination against gay and transgender...more
4/23/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
As of April 1, 2019, sexual harassment prevention training has become fully ingrained in both New York State and City law. ...more
4/1/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Hostile Environment ,
Local Ordinance ,
New Legislation ,
NYCCHR ,
Regulatory Oversight ,
Regulatory Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
On February 18, 2019, the NYC Commission on Human Rights issued guidance and announced that the New York City Human Rights Law (“NYCHRL”) will now protect against a new class of discrimination – hair. ...more
About 1.4 million Americans recognize themselves – surgically or otherwise – as a gender other than the one they were born into....more
1/8/2019
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Harassment ,
Hiring & Firing ,
LGBTQ ,
NYCHRL ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Transgender
Just a reminder, the New Jersey Earned Sick Leave Act (the “Act”) went into effect on October 29, 2018.
Which employers are covered? The Act applies to all private New Jersey employers.
...more
As 2018 draws to a close, it is worth taking a closer look at the increasing legal impact of the #MeToo movement. The chorus of victims’ voices and the media spotlight exposed the prevalence of sexual misconduct in the...more
12/17/2018
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
Risk Management ,
Sexual Harassment ,
Title VII
Earlier this week, the New York Governor’s office finalized materials for New York State employers to implement sexual harassment policies and training. While draft guidance was circulated to the public in August 2018, the...more
10/5/2018
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Complaint Procedures ,
Corporate Culture ,
Deadlines ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender Discrimination ,
Gender Identity ,
Harassment ,
Hostile Environment ,
Internal Reporting ,
LGBTQ ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Tone At The Top
The State of New York recently issued draft guidance for employers regarding the anti-sexual harassment legislation passed earlier this year....more
8/27/2018
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Complaint Procedures ,
Corporate Culture ,
Draft Guidance ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
As we previously reported, New York City Mayor Bill de Blasio signed the “Stop Sexual Harassment in NYC Act” (the “Act”) into law earlier this year. The New York City Commission on Human Rights (the “NYCCHR”) has now...more
On April 30, 2018, a Philadelphia federal judge issued an opinion striking down a portion of Philadelphia’s salary history ban. Salary history bans have become increasingly common tools used by various cities and states...more
5/18/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
First Amendment ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Motion To Strike ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On February 26, 2018, in a landmark decision continuing the expansion of Title VII’s protection, the Second Circuit Court of Appeals became the second federal appeals court to hold that Title VII prohibits discrimination on...more
3/1/2018
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
For many workers throughout the US, the New Year has begun with increased hourly wages. On January 1, 2018, 18 states and 22 cities/counties across the nation increased their minimum wage. ...more
It’s that time of year for all employers in New York to confirm that their payroll is set up to pay the new minimum wage that went into effect on December 31, 2017. ...more
Last month, New York City Mayor Bill de Blasio signed a bill into law amending and expanding the NYC Earned Sick Time Act (ESTA). The law previously allowed full-time and part-time NYC employees who work more than 80 hours in...more
New York employers may soon be subject to new scheduling and pay requirements pertaining to their non-exempt employees who work “on-call” shifts. New York Governor Andrew Cuomo recently announced that the New York State...more
Beginning January 1, 2018 nearly all private employers in New York must prepare for what some say is the most comprehensive paid family leave program in the nation. The New York Paid Family Leave Program (NYPFL) will provide...more
The new draft tax bill, unveiled last week by the Trump administration has many provisions which would significantly affect many businesses in the United States. This post does not focus on all of the implications for the...more
11/9/2017
/ Compensation & Benefits ,
Deferred Compensation ,
Employee Benefits ,
Executive Compensation ,
Internal Revenue Code (IRC) ,
Proposed Legislation ,
Section 162(m) ,
Section 409A ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trump Administration