New York recently passed an amendment to New York Labor Law (NYLL) § 198(1-a) that significantly limits the available damages for a violation of NYLL § 191(1)(a) in a “frequency-of-pay” lawsuit....more
New York Governor Kathy Hochul recently signed into law the Retail Worker Safety Act, which is intended to increase retail worker safety and has significant implications for New York retail employers....more
The State of New York on April 20, 2024 enacted its budget for fiscal year 2025 (FY 2025). The budget introduces two significant obligations for employers related to paid leave, which will require them to provide employees...more
New York recently enacted a number of laws and rules affecting New York employers, many of which took effect immediately. Some of these laws are significant, including changes to the confidentiality preference agreements...more
The New York State Department of Labor (NY DOL) has issued proposed regulations and guidance to convey information on the state’s new salary disclosure law, effective as of September 17, 2023, and its key compliance areas,...more
New York Governor Kathy Hochul recently signed legislation amending the state’s recently enacted salary transparency law (the Salary Transparency Law) requiring the disclosure of compensation ranges in job advertisements. As...more
New York Governor Kathy Hochul has signed a law amending and delaying the effective date of the recently enacted Warehouse Worker Protection Act from February 2023 to June 2023. The act creates new regulations on the working...more
The four new laws and one that is expected soon to be signed by the governor are consistent with the rapid expansion of employee protections in New York....more
The New York City Department of Consumer and Worker Protection recently published proposed rules providing guidance on the artificial intelligence law enacted in December 2021 that prohibits employers from using automated...more
New York City Mayor Eric Adams officially announced that New York City will rescind its private employer vaccine mandate, effective November 1, 2022. ...more
Employers must include minimum and maximum potential salaries in all job advertisements and postings for New York City positions effective May 15, 2022. ...more
New “Key to NYC” guidance for private sector employers was released on Wednesday following New York City Mayor Bill de Blasio’s December 6 announcement that employees (1) not previously covered under the existing Key to NYC...more
12/20/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Infectious Diseases ,
New Guidance ,
Posting Requirements ,
Private Sector ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
New York State Governor Kathy Hochul announced on September 6, 2021 that the New York State Department of Health designated COVID-19 a highly contagious communicable disease that presents a serious risk of harm to public...more
Effective July 29, 2021, revisions to the New York City Fair Chance Act (FCA) will impose new requirements on New York City employers who evaluate criminal history information, including pending criminal charges, when making...more
On June 8, 2021, the New York State Department of Health released updated interim guidance for office-based workplaces that removes significant prior restrictions. This new guidance comes on the heels of Governor Andrew...more
6/11/2021
/ Coronavirus/COVID-19 ,
Crisis Management ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Re-Opening Guidelines ,
Screening Procedures ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Workplace Safety
New York Gov. Andrew Cuomo, New Jersey Gov. Phil Murphy, and Connecticut Gov. Ned Lamont jointly announced on May 3 a significant easing of the remaining capacity restrictions on business operations related to the COVID-19...more
5/7/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Public Gatherings ,
Re-Opening Guidelines ,
Seating ,
State and Local Government ,
Workplace Safety
New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (the HERO Act) into law on May 5, 2021, requiring the New York State Department of Labor and New York State Department of Health to create...more
Employers should note several recent legislative and regulatory developments in New York State related to the COVID-19 pandemic. On March 12, Governor Andrew Cuomo signed legislation entitling all public- and private-sector...more
3/17/2021
/ Coronavirus/COVID-19 ,
Emergency Powers ,
Employee Rights ,
Employer Liability Issues ,
Infectious Diseases ,
Paid Time Off (PTO) ,
Quarantine ,
Reasonable Accommodation ,
Travel Restrictions ,
Vaccinations ,
Wage and Hour
New York State and New York City have recently issued guidance and documentation on the New York State Paid Sick Leave Law (the State Sick Leave Law) and amended New York City Earned Safe and Sick Time Act (the NYC Sick Leave...more
11/23/2020
/ Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
New Guidance ,
Paid Time Off (PTO) ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
New York Governor Andrew Cuomo announced on October 31 that all travelers from out of state must quarantine for 14 days upon entrance and/or return to New York unless they meet specific exemptions....more
The US District Court for the Southern District of New York (SDNY) ruled that an employer’s mandatory arbitration program was unenforceable because its terms were contained in an employee handbook and did not create a binding...more
9/16/2020
/ Arbitration ,
Arbitration Agreements ,
Corporate Counsel ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Policy Drafting ,
Wrongful Termination
Judge Woods of the US District Court for the Southern District of New York on September 8 vacated the US Department of Labor’s new test for joint employment, which focuses only on the putative joint employer’s right to...more
In a joint press conference on June 24, New York Governor Andrew Cuomo, New Jersey Governor Phil Murphy, and Connecticut Governor Ned Lamont announced a coordinated effort to protect the tristate area from community spread of...more
New York State has continued to issue the state’s phased, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a...more
6/9/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Essential Functions ,
Non-Essential Businesses ,
Re-Opening Guidelines ,
Retailers ,
Return-to-Work Agreements ,
Screening Procedures ,
State and Local Government ,
Virus Testing ,
Workplace Safety
In Bigger v. Facebook, Inc., the US Court of Appeals for the Seventh Circuit held that courts should not authorize notice of a pending Fair Labor Standards Act (FLSA) collective action to individuals who have already entered...more
2/3/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Notice Requirements ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions