Q: My company offers floating holidays to employees. Can we have a “use it or lose it” policy for unused floating holidays? Do they have to be paid out at termination? What about personal days?...more
Q: I have employees who work in New Jersey. What do I need to know about the minimum wage increase?
A: New Jersey recently passed a law that will raise the minimum wage by increments over the next five years. ...more
Q: I have employees in Connecticut. What do I need to know about the new pay equity law?
A: Effective January 1, 2019, employers are not allowed to: (1) inquire (whether directly or through a third party) about a...more
1/9/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Q: I am an employer in Westchester County. What do I need to know about the new paid sick leave law? If I have employees in both Westchester County and New York City, can I have one paid sick leave policy that covers...more
Q: I understand that employers may be required to offer reasonable accommodations to hearing-impaired applicants and employees. When are accommodations required? What kind of accommodations must employers offer?...more
11/1/2018
/ Americans with Disabilities Act (ADA) ,
Disability ,
Disability Discrimination ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Failure to Accommodate ,
Hearing-Impaired ,
Hiring & Firing ,
Job Applicants ,
Reasonable Accommodation
Q: I am a New York employer. How do the upcoming New York State and New York City sexual harassment requirements affect me? When is the deadline to comply?
...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 ,
Local Ordinance ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Most employers value a diverse workforce, and many employers are required by clients or customers to have diversity initiatives and meet diversity requirements.
Originally published in The HR Specialist - June 2018....more
6/20/2018
/ Affirmative Action ,
Civil Rights Act ,
Disparate Impact ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Hiring & Firing ,
Race Discrimination ,
Recruitment Policies ,
Risk Mitigation ,
Title VII
Q: I am a New York City employer. What do I need to know about the amendments to the law regarding accommodations?
A: Effective October 15, 2018, employers in New York City will be required to engage in a “cooperative...more
The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more
2/15/2018
/ Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
On-Demand Services ,
Sharing Economy ,
Uber ,
Wage and Hour
Q: One of our employees has been exhibiting strange, erratic behavior at work. Can we require the employee to submit to a mental health examination?
A: Possibly. The ADA prohibits employers from requiring their workers to...more
Q: A former employee has invited some of her former co-workers and clients to connect on LinkedIn. Is this a violation of her non-solicitation agreement with our company?
...more
Q: I heard there is a new parental leave law in California. How does it compare to other states’ laws and will it affect my business if I have employees in California?
...more
Q: What do I need to know about the recent additions to New York City’s law about the use of criminal history in employment decisions?
A: While the New York City Fair Chance Act (“FCA”) has been in effect since October...more
10/2/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance
Proposed New York regulations will nearly approach the now-enjoined federal salary thresholds — and then leapfrog those amounts in subsequent years.
Originally published in Daily Labor Report - November 30, 2016....more
12/1/2016
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
Regardless of where a company is headquartered, it likely contracts with one or more independent contractors who live or work in New York City. If your company does so, take note. On November 16, 2016, Mayor de Blasio signed...more