On January 15, 2025, the United States Supreme Court ruled in E.M.D. Sales, Inc., et al. v. Carrera et al., that the Fair Labor Standards Act’s (the “FLSA”) exemptions do not require a heightened burden of proof. The decision...more
1/21/2025
/ Appeals ,
Burden of Proof ,
Classification ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employees ,
Employment Litigation ,
Evidentiary Standards ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
SCOTUS ,
Wage and Hour
Nearly one year after it was signed by Governor Kathy Hochul, the New York Clean Slate Act (the “Act”) took effect on November 16, 2024. Under the Act, New Yorkers are now eligible to have certain conviction records...more
12/3/2024
/ Background Checks ,
Criminal Convictions ,
Criminal Records ,
Felonies ,
Human Rights ,
Misdemeanors ,
Negligent Hiring ,
New York ,
Sealed Records ,
State Labor Laws ,
Wage and Hour
On November 18, 2024, Governor Phil Murphy signed into law A4151/S2310, which will require employers to provide pay transparency for employment opportunities advertised internally or externally to the general public. The new...more
11/26/2024
/ Disclosure Requirements ,
Employer Liability Issues ,
Governor Murphy ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Job Promotions ,
Labor Reform ,
New Jersey ,
Pay Discrimination ,
Pay Transparency ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
On November 15, 2024, in State of Texas, et al. v. United States Department of Labor, the U.S. District Court for the Eastern District of Texas vacated the U.S. Department of Labor’s (“DOL”) April 23, 2024 final rule that...more
On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Department of Labor’s (“DOL”) December 2021 final rule that had set strict limits on...more
8/29/2024
/ Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
In a recent unpublished decision, the New Jersey Appellate Division considered whether employers are required to reimburse employees for business related expenses under the New Jersey Wage Payment Law (“NJWPL”) in Sands v....more
On April 20, 2024, New York Governor Kathy Hochul signed into law New York State’s Budget for fiscal year 2025. The new Budget includes a few key bills impacting New York employers and employees alike, as stated in depth...more
New York City’s Department of Consumer and Worker Protection (“DCWP”) unveiled its Workers’ Bill of Rights website on March 1, 2024. The Workers’ Bill of Rights outlines rights and protections for employees, independent...more
On January 9, 2024, the United States Department of Labor (“DOL”) released a final rule (the “Final Rule”) setting forth new standards for determining whether an individual may be classified as an independent contractor under...more
1/17/2024
/ Congressional Review Act ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Independent Contractors ,
Misclassification ,
Tax Penalties ,
Totality of Circumstances Test ,
Wage and Hour
On June 29, 2023, the United States Supreme Court ruled in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North...more
12/13/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Fourteenth Amendment ,
Hiring & Firing ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII ,
Wage and Hour
On November 3, 2022, New Jersey Governor Phil Murphy signed into law amendments to the New Jersey Unemployment Compensation Law, which go into effect on July 31, 2023. The amendments materially alter various aspects of the...more
New York State and New York City are currently considering bills that would effectively end at-will employment.
On March 6, 2023, a trio of New York State Senators introduced Senate Bill S05459, which, if passed, will...more
Effective November 6, 2022, a new wage transparency law, amending the Westchester County Human Rights Law, prohibits employers from advertising a job, promotion, or transfer opportunity without also including the minimum or...more
As of today, November 1, 2022, the New York City pay transparency law goes into effect. As we previously reported, the law requires covered employers to disclose minimum and maximum salary information in job postings,...more
In early 2022, New York State entered S.812B/A.2035B into law, which amended the New York State Human Rights Law, N.Y. Executive Law § 296, to require a statewide toll-free, confidential hotline (the “Hotline”) for the...more
On April 28, 2022, the New York City Council approved Int. 134-A (the “Bill”) to amend several aspects of the New York City salary disclosure law (Int. 1208-B) (the “Law”), including delaying the original May 15, 2022...more
On March 22, 2022, the New York City Commission on Human Rights (the “Commission”) released guidance (the “Guidance”) regarding employer obligations under Int. 1208-B (the “Law”). As we previously reported, the Law requires...more
On December 11, 2021, New York City enacted Local Law Int. 1894-A. The law, which takes effect on January 1, 2023, limits an employer’s ability to use “automated employment decision tools” in hiring and promotion decisions...more
On November 8, 2021, Governor Hochul signed a bill into law that requires private New York employers to provide written notice to employees before monitoring their telephone, email, and internet access or usage. This law...more
On December 15, 2021, the New York City Council passed a bill (Int. 1208-B) that requires New York City employers with four or more employees (including independent contractors) to disclose minimum and maximum salary...more
On July 8, 2021, New Jersey Governor Phil Murphy signed three (3) bills into law aimed at further penalizing employers for misclassifying employees as independent contractors. New Jersey employers that engage in employee...more
On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the...more
4/5/2021
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Discrimination ,
Drug Testing ,
Governor Cuomo ,
Hiring & Firing ,
Marijuana ,
Off-Duty Employees ,
Policies and Procedures ,
Popular ,
Recreational Use ,
Safe Harbors ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
After almost one month since going into effect, New York State has issued the first round of guidance on the New York State Paid Sick Leave Law (“NYSSL”) on October 20, 2020. As we recently reported, the NYSSL requires all...more
New York State Paid Sick Leave Law-
As we previously reported, New York State passed the New York State Sick Leave Law (“NYSSL”), which went into effect on September 30, 2020. While some New York localities, such as New...more
In an attempt to streamline the prior model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”), the U.S. Department of Labor (“DOL”) recently released new model...more