As we head into a new year, employers should make plans to implement developments in various areas of employment law that will take effect in 2025 while confirming compliance with changes that have occurred over the past...more
A federal court has vacated the U.S. Department of Labor’s (DOL) 2024 final overtime rule, which increased the minimum salary threshold at which employees could be classified as exempt from overtime pursuant to the white...more
11/22/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Popular ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
It has been more than a year since New York City’s pay transparency law, codified at Section 8-107(32) of the Administrative Code of the New York City Human Rights Law (NYCHRL), went into effect, and we are now starting to...more
2023 was, well, a mixed bag. Employers are left wondering what the future state of diversity initiatives in the workplace will look like as various forms of litigation bubble their way up, perhaps again to the U.S. Supreme...more
On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen...more
Gov. Kathy Hochul signed four bills amending the New York Labor Law this month regarding (1) employers demanding social media account information from applicants and employees, (2) providing notice of eligibility of...more
New York’s Legislature concluded its legislative session with a flurry of activity, including the passage of four notable employment-related bills. In sum, these four bills (i) ban the use of non-compete agreements, (ii)...more
6/21/2023
/ Contract Terms ,
Discrimination ,
Employer Liability Issues ,
Employment Contract ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Religious Discrimination ,
Restrictive Covenants ,
State Labor Laws
On July 5, 2023, the New York City Department of Consumer and Work Protection (DCWP) will begin enforcement of Local Law 144 (Law), which regulates employers’ use of “automated employment decision tools” (AEDTs) to screen...more
As we head into a new year, it is important for employers to be aware of and plan for developments in various areas of employment law that have recently taken effect or will take effect in 2023. This alert highlights those...more
Pay transparency laws that require disclosure of anticipated compensation for open positions (and sometimes for current positions) are increasingly being passed by states and local jurisdictions. New York City’s law goes into...more
On Sept. 20, 2022, New York City Mayor Eric Adams announced that the city will end a vaccine mandate for private sector employees that has been in effect since Dec. 27, 2021...more
On April 28, the New York City Council passed an amendment to the City’s salary disclosure law that extends the effective date of the law to Nov. 1, 2022. The amendment will go into effect upon Mayor Eric Adams’ signature,...more
On March 3, President Biden signed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The Bill amends the Federal Arbitration Act (FAA) to invalidate predispute agreements to...more
Over the past two years, developments in employment law have focused on COVID-19. But there are developments in other areas of employment law, especially in New York, that employers must be aware of and plan for in the new...more
1/11/2022
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Paid Family Leave Law ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
As discussed in Kramer Levin’s alert earlier this year, New York’s Marijuana Regulation and Taxation Act (the Act) legalized recreational cannabis for individuals age 21 and older in New York State effective March 31, 2021....more
Recent Amendments to the New York City Fair Chance Act (FCA) that took effect on July 29, 2021, significantly expand the scope of the FCA by imposing new restrictions on an employer’s ability to take adverse action against...more
On Sept. 28, 2020, Mayor Bill de Blasio signed into law amendments to the NYC Earned Safe and Sick Time Act (NYC ESSTA), which took effect on Sept. 30, 2020. These changes align the NYC ESSTA with New York State’s recently...more
As COVID-19 spreads across the United States, it is having a profound impact on employment relationships. With the situation changing daily, employers are making decisions that may impact the health of their employees, their...more
3/17/2020
/ Best Practices ,
Business Continuity Plans ,
Business Interruption ,
Business Travel ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Layoffs ,
Legislative Agendas ,
OSHA ,
Pending Legislation ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Telecommuting ,
Wage and Hour ,
Workplace Safety
On Sept. 24, 2019, the U.S. Department of Labor (DOL) unveiled its final rule to update the Fair Labor Standards Act’s (FLSA) overtime exemptions for executive, administrative and professional workers. The final rule is...more
9/28/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Misclassification ,
New Rules ,
Non-Exempt Employees ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
As the New York State Legislature neared the end of the 2019 session in June, it passed several bills amending the state’s laws prohibiting discrimination and harassment. We addressed the major provisions of these new bills...more
8/19/2019
/ #MeToo ,
Anti-Discrimination Policies ,
Arbitration ,
Dress Codes ,
Employer Liability Issues ,
Equal Pay ,
Faragher/Ellerth defense ,
Hairstyle Discrimination ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
NYSHRL ,
Salary/Wage History ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The New York State Legislature passed several bills at the end of its 2019 session which, yet again, will impact New York employers. Some of the new legislation further amends laws that were implemented last year, which...more
7/22/2019
/ #MeToo ,
Anti-Discrimination Policies ,
Arbitration ,
Attorney's Fees ,
Dress Codes ,
Employer Liability Issues ,
Equal Pay ,
Faragher/Ellerth defense ,
Hairstyle Discrimination ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
NYSHRL ,
Punitive Damages ,
Salary/Wage History ,
Service Professionals ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The NYC Commission on Human Rights (Commission) recently released new legal enforcement guidance (guidance) that prohibits employers from punishing, demoting, firing, harassing or taking other adverse actions against workers...more
3/12/2019
/ Anti-Discrimination Policies ,
Appearance Policy ,
Dress Codes ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
NYCHRL ,
Race Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
State and Local Government ,
State Labor Laws
Now that the Times Square glitter has settled, it’s time to get started on tackling those New Year’s resolutions. Although updating your employee handbook may not have made your resolution list, 2018 brought a number of...more
1/29/2019
/ Anti-Harassment Policies ,
Breastfeeding ,
EEO-1 ,
Employee Handbooks ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Gender Discrimination ,
Hiring & Firing ,
NYCHRL ,
Paid Family Leave Law ,
Protected Class ,
Reasonable Accommodation ,
Safe Leave ,
Salary/Wage History ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
New York City has adopted two new laws, Int. No. 879-A and Int. No. 905-A, that place additional obligations on employers to accommodate employees who choose to express milk in the workplace....more
Undoubtedly, the No. 1 topic in the employment world today is sexual harassment and the rise of the #MeToo movement. Indeed, it is one of the top issues in American society generally, touching all industries. ...more