On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act....more
As of November 1, 2022, covered employers advertising jobs that will be—or even can be—performed, in whole or in part, in New York City must include a good faith salary or hourly range pursuant to the new salary transparency...more
10/26/2022
/ Employees ,
Employer Liability Issues ,
Enforcement ,
Job Ads ,
Job Applicants ,
New Legislation ,
New York ,
NYCHRL ,
Pay Transparency ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Virginia employers must comply with a host of new employment laws.
Virginia has enacted a number of significant changes to its employment laws to establish new protections and rights for employees.
These changes...more
The U.S. Supreme Court held that Title VII’s prohibition against sex discrimination encompasses a prohibition against employment discrimination on the basis of sexual orientation or gender identity.
Employers who were not...more
6/23/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The 2019 Final Rule formally rescinds the Obama Administration’s 2016 Final Rule and increases the current minimum salary level by almost 50 percent and the current exemption salary level for highly compensated employees by...more
10/10/2019
/ Best Practices ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
New York continues to expand its protection of employees in the workplace with a series of laws significantly increasing the responsibilities and potential liability of New York employers.
New York State has enacted...more
8/24/2019
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Attorney's Fees ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Gender-Based Pay Discrimination ,
Hairstyle Discrimination ,
Harassment ,
Mandatory Arbitration Clauses ,
New Rules ,
Non-Disclosure Agreement ,
NYSHRL ,
Race Discrimination ,
Salary/Wage History ,
State Labor Laws ,
Unfair Immigration-Related Practices
After a multitude of new employment laws were introduced in 2018, the new year is already shaping up to be another one of significant change at state and local levels.
During 2018, a slew of New York state and local...more
1/17/2019
/ #MeToo ,
ADEA ,
Anti-Harassment Policies ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Lactation Accommodation ,
Minimum Wage ,
Paid Family Leave Law ,
Salary/Wage History ,
Sexual Harassment ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Sweeping new legislation in New York aims to prevent and shine light on sexual harassment.
New York State employers will soon be prohibited from mandating arbitration of sexual harassment claims. They must also obtain...more
5/22/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Commission on Human Rights ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
Harassment ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
New Hires ,
New Legislation ,
Policies and Procedures ,
Sexual Harassment ,
State Labor Laws
Recently issued final rules impose additional restrictions including prohibitions on requiring independent contractors to waive certain rights.
The Freelance Isn’t Free Act is a recent New York City law that went into...more
8/5/2017
/ Anti-Retaliation Provisions ,
Classification ,
Contract Terms ,
Employer Liability Issues ,
Final Rules ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Hiring & Firing ,
Independent Contractors ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Resident Status ,
Waiver of Rights
New York employers need to prepare for compliance with the most expansive paid leave law in the country and need to ensure compliance with New York’s wage transparency law and minimum wage and salary thresholds for exemptions...more
Beginning May 15, 2017, independent contractors in New York City will be provided with heightened protections under the law, and those engaging independent contractors will, in most instances, be legally required to do so...more
5/16/2017
/ Employer Liability Issues ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Local Ordinance ,
New Legislation ,
NYCHRL ,
Pay Gap ,
Popular ,
Salary/Wage History ,
Wage and Hour
On September 30, 2016, the Department of Labor (DOL) published the Final Rule implementing President Obama’s 2015 Executive Order 13706, “Establishing Paid Sick Leave for Federal Contractors” (EO 13706) requiring federal...more
10/7/2016
/ Barack Obama ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Paid Leave ,
Service Contract Act ,
Sick Leave ,
Wage and Hour
On November 7, 2014, the Ninth Circuit issued its ruling in Tamosaitis v. URS Inc. and provided clarity on three key aspects of the whistleblower protections afforded under the Energy Reorganization Act (ERA), 42 U.S.C. 5801...more