Since the landmark New York Court of Appeals decision in BDO Seidman v. Hirshberg, 93 N.Y. 2d 382 (1999), the restrictive covenant landscape in New York has remained relatively constant....more
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (H.R. 6201) (the Act) into law, authorizing certain relief to employees and small and midsize businesses pertaining to the COVID-19...more
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (H.R. 6201) (the Act) into law, authorizing certain relief to employees and small and midsize businesses pertaining to the COVID-19...more
Pursuant to an Executive Order signed by Governor Cuomo, effective at 8 p.m. on March 20, 2020, all employers in New York State not deemed to be essential are required to reduce their in-person workforces by at least 75%. The...more
As they fight the spread of COVID-19, governments are taking action to reduce the burden on employees who are unable to work due to circumstances related to the pandemic. ...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On Dec. 16, 2019, the Equal Employment Opportunity Commission (EEOC) rescinded its 1997 policy statement on “Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the 1997 Policy...more
12/23/2019
/ Anti-Discrimination Policies ,
Arbitration ,
Binding Arbitration ,
Contract Terms ,
Employment Contract ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Reform ,
Mandatory Arbitration Clauses ,
Policy Statement ,
Public Policy ,
Regulatory Mandates
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
How do you measure a year in labor and employment law? Likely not in daylights or sunsets, midnights, or cups of coffee — but rather in legislation! Clearly, the most significant developments last year concerned the rise of...more
2/26/2019
/ Breastfeeding ,
Corporate Counsel ,
Exempt-Employees ,
Gender Identity ,
LGBTQ ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Paid Leave ,
Reasonable Accommodation ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
New York legislators have hit the ground running in 2019, enacting new legislation expanding employee protections at both state and city levels. ...more
2/14/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Employment Discrimination ,
Employment Policies ,
Gender Identity ,
Local Ordinance ,
New Legislation ,
Reproductive Discrimination ,
Retaliation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State and Local Government
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
Employers may recall our previous alert that highlighted amendments to the NYC Earned Safe and Sick Time Act, which went into effect on May 5, 2018. Less than six months later, New York City once again revised the Earned Safe...more
This week, on Oct. 15, an amendment to the New York City Administrative Code went into effect requiring employers covered by the New York City Human Rights Law (NYCHRL) to engage in a good faith “cooperative dialogue” when...more
On May 5, 2018, New York City’s amended Earned Safe and Sick Time Act became effective, commencing the countdown for employers to comply with the law’s new requirements. The amendments expand the Earned Sick Time Act in two...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
The United States Supreme Court decided in Digital Realty Trust, Inc. v. Somers (Feb. 21, 2018) that the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) applies only to...more
2/28/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On June 1, 2017, the Second Circuit empowered employees with smartphones by affirming the National Labor Relations Board’s (NLRB’s) recent decision that no-recording policies violate Section 8(a)(1) of the National Labor...more
A new New York City law will significantly affect the hiring practices of companies, including financial firms, operating within the city.
Passed by New York City Council on April 5 and signed by Mayor Bill de Blasio on...more
On April 5, 2017, the New York City Council approved a bill prohibiting private employers from (i) inquiring into an applicant’s current or previous salary with another employer or (ii) relying on an applicant’s salary...more
In the waning hours of 2016, new regulations went into effect that substantially increase the minimum salary an employee must have in order to be classified as exempt from the overtime provisions of the New York Labor Law....more