Amid growing concerns about the continued absence of a quorum at the National Labor Relations Board (NLRB) and the resulting inability of the NLRB to issue decisions in representation and unfair labor practice cases, the New...more
In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”...more
Contractors and subcontractors that perform work on projects subject to Article 8 of the New York Labor Law must register with the New York State Department of Labor (NYSDOL) on or before December 30, 2024. Article 8 of the...more
Earlier this year, New York State joined a growing number of states and cities that have passed laws mandating salary disclosure when advertising open positions. New York’s salary transparency law requires employers to post...more
9/20/2023
/ Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New York ,
Pay Transparency ,
Proposed Regulation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
On December 21, 2022, Governor Kathy Hochul signed New York State's compensation transparency bill into law, making New York the fourth state to enact wage transparency requirements for job postings. This statewide law...more
New York City is deferring enforcement of its first-in-the-nation regulation of the use of AI-driven hiring tools (Local Law 144 of 2021), which was initially slated to go into effect on January 1, 2023. This past Friday...more
New York State Governor Kathy Hochul recently signed into law eight pieces of legislation designed to combat human trafficking. These laws require many hospitality industry employers to provide specific anti-human-trafficking...more
The New York State Senate is poised to pass an employee-friendly bill that would amend New York’s lien law to enable employees to, upon filing a wage claim, obtain a temporary lien against their employer’s (or alleged...more
In a series of significant recent decisions, Judge Pamela K. Chen of the U.S. District Court, Eastern District of New York, held that federal courts lack jurisdiction to hear claims alleging violations of New York’s wage...more
Last month, New York Governor Kathy Hochul signed legislation, S.2766C/A.3350A, that automatically makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to...more
As we previously reported, in an effort to prevent occupational exposure to an airborne infectious disease, the New York legislature on May 5, 2021 passed the New York Health and Essential Rights Act, or NY HERO Act, which...more
In an effort to prevent occupational exposure to an airborne infectious disease, the New York legislature has passed the aptly named New York Health and Essential Rights Act, or NY HERO Act, which amends the New York Labor...more
In the wake of the ongoing COVID-19 pandemic, New York and New Jersey have adopted legislation to benefit airport workers. The Healthy Terminals Act in both states will boost wages and access to healthcare for airport workers...more
While most people will not be sad to leave 2020 behind, employers across much of New York State will see an increase to their labor costs in 2021, even though much of the state is navigating recession-like conditions caused...more
For over a year, New York State employers harbored concerns that New York State would enact rules that would eliminate their ability to apply a tip credit towards the wages of employees who earn tips. ...more
1/2/2020
/ Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
Municipalities ,
NYDOL ,
Resorts & Restaurants ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Orders ,
Wages
New York has amended its Limited Liability Company Law (LLC Law) to hold the top 10 members of a foreign limited liability company liable for wages owed as a result of work performed within New York State, effective February...more
12/17/2019
/ Amended Legislation ,
Employer Liability Issues ,
Labor Law Violations ,
Liability ,
Limited Liability Company (LLC) ,
Out-of-State Companies ,
Personal Liability ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
In 2017 and 2018, the New York State Department of Labor (NY DOL) issued two sets of proposed regulations to amend the Minimum Wage Order for Miscellaneous Industries and Occupations, which governs most employers in New York...more
It has never been easy for businesses to keep up with and ensure compliance with New York State’s and New York City’s employment laws, but calendar year 2018 presented a unique amount of new challenges for employers. ...more
1/31/2019
/ #MeToo ,
Criminal Penalties ,
Gender Identity ,
Legislative Agendas ,
Minimum Wage ,
Proposed Legislation ,
Protected Class ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules
On December 7, 2018, the New York Department of Labor (NYDOL) proposed a new set of “predictable scheduling” regulations in an effort to discourage on-call shifts and require employers to pay employees for cancelled shifts....more
As addressed in our previous ASAP, New York State enacted new legislation in April 2018 targeting workplace sex discrimination and sexual harassment. ...more
9/10/2018
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Enacted this past January, New York City’s “Temporary Schedule Change” law becomes effective on July 18, 2018. The law provides employees with the right to request two temporary schedule changes per calendar year for...more
Last June, New York City passed legislation that significantly reduced fast food and retail employers’ flexibility in crafting schedules to meet their legitimate business needs. This “Fair Workweek” legislative package also...more
On Tuesday, June 19, 2018, residents of the District Columbia voted to approve Initiative 77, which will incrementally phase out the “tip credit” that many employers use as an offset towards their minimum wage obligations to...more
6/22/2018
/ Ballot Measures ,
Employer Liability Issues ,
Food Service Workers ,
Minimum Wage ,
Pending Legislation ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour