The New York State Court of Appeals and New York City recently provided additional guidance for – and imposed additional requirements on – New York employers that use independent contractors.
In In re Yoga Vida NYC, Inc....more
11/9/2016
/ Appeals ,
Control Test ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Independent Contractors ,
Misclassification ,
Prompt Payment ,
Reversal ,
Unemployment Insurance ,
Unemployment Insurance Appeals Board
The U.S. Equal Employment Opportunity Commission (“EEOC”) announced last week that, starting in March 2018, it will collect summary pay data from private employers (including federal contractors and subcontractors) with 100...more
10/10/2016
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Filing Deadlines ,
Pay Discrimination ,
Payroll Records ,
Reporting Requirements ,
Subcontractors ,
W-2 ,
Wage and Hour
On August 25, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final enforcement guidance on employer retaliation (the “Guidance”). The Guidance addresses retaliation under each of the statutes enforced...more
On May 18, 2016, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a final rule modifying overtime eligibility under the Fair Labor Standards Act (“FLSA”). The final rule, which goes into effect on December...more
On May 11, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a Final Rule modifying workplace injury and illness reporting requirements. Certain employers will be subject to new...more
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016, creating the first federal civil cause of action for misappropriation of trade secrets.
One provision of the DTSA requires immediate action by...more
On April 4, 2016, Governor Andrew Cuomo signed into law paid family leave and statewide increases to the minimum wage, making New York the fourth state to guarantee paid family leave and one of a number of states gradually...more
On January 29, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced a proposal to begin collecting pay data from private employers with 100 or more employees and federal contractors. The EEOC currently...more
On December 21, 2015, the New York City Commission on Human Rights (the “Commission”) issued enforcement guidance (the “Guidance”) regarding discrimination on the basis of gender identity or expression. The Guidance explains...more
The New York City Fair Chance Act (the “Act”) went into effect on October 27. With the Act in place, New York City is one of a growing number of cities and states to implement so-called “ban the box” legislation, which...more
In an unusual criminal case, the Second Circuit Court of Appeals recently weighed in on an important question at the intersection of employment law and data security. The decision will likely have implications wherever...more
On October 21, Governor Cuomo signed into New York State law five bills aimed at eliminating discrimination against women in the workplace. These laws, which take effect on January 19, 2016, add new protected classifications...more
New York City’s Affordable Transit Act (Local Law 53) (the “Act”) will take effect on January 1, 2016. The Act requires employers in New York City with 20 or more full-time employees to provide pre-tax transit benefits to...more
On July 15, 2015, the Wage and Hour Division of the United States Department of Labor (“DOL”) issued guidance on employee and independent contractor classification under the Fair Labor Standards Act (“FLSA”). Stating that...more
On July 2, 2015, the United States Court of Appeals for the Second Circuit issued its highly anticipated decision concerning unpaid internships, Glatt v. Fox Searchlight Pictures, Inc., No. 134478-cv (2d Cir. July 2, 2015)....more
Yesterday, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division announced a proposed rule that would significantly increase the salary threshold to classify employees as exempt from the minimum wage and overtime...more
Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request...more
On April 29, 2015, the Supreme Court issued a unanimous decision in Mach Mining, LLC v. EEOC, No. 13-1019, 575 U.S. __, 2015 U.S. Lexis 2984. In Mach Mining, the Court considered whether federal courts have the authority to...more
Under Title I of the Americans with Disabilities Act (“ADA”), employers aren’t allowed to discriminate against workers based on health status. Under the ADA, employers can, however, ask workers for details about their health...more
On April 1, 2015, the Securities and Exchange Commission (“SEC”) gave a boost to corporate whistleblowers, reaching its first settlement with a company accused of stifling whistleblowing activity through the use of...more
The Supreme Court has recently issued an important opinion, Young v. United Parcel Service, Inc., clarifying the protections afforded by the Pregnancy Discrimination Act (“PDA”).
The PDA mandates that employers treat...more
On February 10, 2015, the United States Court of Appeals for the Second Circuit decided Roach v. T.L. Cannon Corporation, resolving the question of how the Supreme Court’s Comcast Corp. v. Behrend decision should be...more
On December 29, Governor Andrew Cuomo signed into law amendments to the New York Wage Theft Prevention Act (the “WTPA”). Bill A08106C (Assembly), S05885-B (Senate). Most notably, the amendments eliminate the WTPA’s annual...more
The U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance this month regarding pregnancy discrimination. This is the first comprehensive update to the EEOC’s Pregnancy Discrimination Guidance...more
New York City’s Earned Sick Time Act (“the Act”) will go into effect for certain employers on April 1, 2014. The Act — which was passed on June 26, 2013, when the New York City Council overrode Mayor Bloomberg’s veto—requires...more