Seyfarth Synopsis: The New York State Department of Labor has issued guidance concerning the recently enacted Salary History Ban. The guidance covers, among other topics, whether employers can consider the salaries of...more
1/27/2020
/ Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New Guidance ,
Pay Equity Laws ,
Pay Gap ,
Risk Management ,
Salary/Wage History ,
State and Local Government ,
State Labor Departments ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Governor Murphy signed 153 bills into law on January 20, 2020, including six (6) that increase enforcement mechanisms for state agencies to impose certain penalties against employers who misclassify workers...more
1/27/2020
/ Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Penalties ,
Posting Requirements ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Stop Work Orders ,
Wage and Hour ,
Wage Theft
Seyfarth Synopsis: A proposed amendment to New York State regulations would eliminate the “tip credit” for a wide variety of workers....more
1/6/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Job Duties ,
Labor Regulations ,
Minimum Wage ,
New Guidance ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Orders
Seyfarth Synopsis: New Jersey Has Joined California and New York as the Third State to Formally Amend Its Anti-Discrimination Laws to Include Hairstyle Discrimination as a Form of Race-Based Discrimination. This Law is...more
Seyfarth Synopsis: A newly enacted New York State law will hold the top ten members of out-of-state LLCs personally liable for unpaid wages. This new law is one of several key wage and hour proposals originally advanced by...more
12/16/2019
/ Corporate Counsel ,
Employer Liability Issues ,
Labor Law Violations ,
Liability ,
Limited Liability Company (LLC) ,
New Legislation ,
Out-of-State Companies ,
Personal Liability ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The minimum wage will increase for New Jersey employers effective January 1, 2020. It is also that time of year when we remind our clients with operations in New Jersey of their obligation to distribute...more
Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval. The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more
12/10/2019
/ Carve Out Provisions ,
Confidentiality Agreements ,
Corporate Counsel ,
Court Approval ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Interlocutory Appeals ,
Offer of Judgment ,
Rule 41 ,
Rule 68 ,
Settlement Agreements ,
Settlement Negotiations ,
Stipulated Judgment ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: Weeks before the Fair Workweek Law was set to become effective, the Philadelphia Mayor’s Office of Labor announced that the law’s effective date would be postponed until April 1, 2020. Additionally, the...more
12/6/2019
/ Delays ,
Employee Rights ,
Employer Liability Issues ,
Fair Workweek ,
Food Service Workers ,
Hiring & Firing ,
Local Ordinance ,
Restaurant Industry ,
State and Local Government ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: The New York State Labor Law has been amended to prohibit employment discrimination “based on an employee’s or a dependent’s reproductive health decision making.” The law not only prohibits discrimination...more
11/22/2019
/ Corporate Counsel ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Discrimination ,
Human Rights ,
Labor Regulations ,
NYCHRL ,
Private Right of Action ,
Reproductive Discrimination ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2019....more
11/14/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: Once effective, the anti-discrimination and retaliation provisions of the NYC Human Rights Law will apply to freelancers and independent contractors. In addition, independent contractors and employed family...more
10/14/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Human Rights ,
Independent Contractors ,
Labor Regulations ,
Local Ordinance ,
National Origin Discrimination ,
New Guidance ,
NYCHRL ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government
Seyfarth Synopsis: The New York City Commission on Human Rights released guidance clarifying the New York City Human Rights Law’s restriction on discriminating against applicants and workers on the basis of actual or...more
10/10/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Human Rights ,
Immigrants ,
Independent Contractors ,
Labor Regulations ,
Local Ordinance ,
National Origin Discrimination ,
New Guidance ,
NYCHRL ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government
Seyfarth Synopsis: The New Jersey Division on Civil Rights recently released guidance clarifying that existing anti-discrimination laws prohibit employers from taking adverse employment actions or applying a grooming policy...more
Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more
9/20/2019
/ Appeals ,
Construction Industry ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Labor Law Violations ,
Labor Regulations ,
Liquidated Damages ,
Payment Schedules ,
State and Local Government ,
Unpaid Wages ,
Wages
Seyfarth Synopsis: On August 6, 2019, Acting New Jersey Governor Sheila Oliver signed into law A-2903/S-1790, described as an Act “concerning enforcement, penalties, and procedures for law regarding failure to pay wages.” ...more
Seyfarth Synopsis: This week, New York state expanded a state Equal Pay Act, making it illegal to pay someone less based on characteristics including race, religion, disability or gender identity, and also other protected...more
8/2/2019
/ Damages ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Labor Regulations ,
New Legislation ,
Pay Discrimination ,
Pay Equity Laws ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: This week, New York state expanded a state Equal Pay Act, making it illegal to pay someone less based on characteristics including race, religion, disability or gender identity, and also other protected...more
7/19/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Race Discrimination ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: All New York State employers must provide all employees with annual, interactive sexual harassment prevention training by October 9, 2019....more
7/5/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Hostile Environment ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: On June 11, 2019, New Jersey Governor Phil Murphy signed a law requiring covered hotels to provide “panic devices” to employees engaged in “housekeeping or room service duties.” The law further imposes...more
6/20/2019
/ Anti-Harassment Policies ,
Employee Rights ,
Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Labor Regulations ,
New Legislation ,
Sexual Assault ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Snapchat and other photo-sharing apps have redefined how users—and employees share information. Due to the ephemeral nature of Snapchat photos and videos, employers may face hurdles in identifying and investigating workplace...more
3/1/2019
/ Best Practices ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Harassment ,
Information Sharing ,
Litigation Strategies ,
Mobile Apps ,
Photographs ,
Snapchat ,
Social Media ,
Workplace Investigations
Seyfarth Synopsis: The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment, and retaliation, which if signed into law, would render any prospective waiver of rights against...more
2/6/2019
/ Adverse Employment Action ,
Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Non-Disclosure Agreement ,
Proprietary Information ,
Retaliation ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Unenforceable Contract Terms ,
Waivers
Seyfarth Synopsis: On December 5, 2018, the New Jersey State Assembly introduced legislation aimed at gradually increasing the minimum wage in New Jersey up to $15.00 an hour over the next five years. ...more
Seyfarth Synopsis: Philadelphia joins the ranks of other cities after passing its own predictable scheduling law. The law will impact employers in the retail, food service, and hospitality industries. Covered employers will...more
Seyfarth Synopsis: On October 15, 2018, amendments to the New York City Human Rights Law which require employers to engage in a “cooperative dialogue” with individuals with disabilities and others regarding their...more
10/10/2018
/ Anti-Discrimination Policies ,
Cooperative Dialogue ,
Disability ,
Disability Discrimination ,
Employer Liability Issues ,
Human Rights Code ,
Local Ordinance ,
New Amendments ,
NYCHRL ,
Reasonable Accommodation ,
State and Local Government
Seyfarth Synopsis: The Second Circuit’s recent rulings in Munoz-Gonzalez v. D.L.C. Limousine Service, Inc. and Flood v. Just Energy Marketing Corp. further demonstrate the impact of the Supreme Court’s holding in Navarro, et...more