Seyfarth Synopsis: The New York legislature has passed or is close to passing a series of bills designed to protect public and private employees from sexual harassment and retaliation. The bills include a ban on no-rehire...more
Seyfarth Synopsis: The Second Circuit held that dismissals without prejudice of FLSA claims are subject to the same judicial or agency scrutiny as dismissals with prejudice of FLSA claims....more
The New York Commissioner of Health once again extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their HERO Act safety plans activated through at least February 15, 2022. The...more
Seyfarth Synopsis: New York City’s chief legal officer has shared some details about what to expect in the forthcoming regulations implementing the City’s COVID-19 vaccine mandate for private employers, which takes effect on...more
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for certain New York employers effective December 31, 2021....more
On December 6, 2021, Mayor Bill de Blasio announced that, effective December 27, all private sector employers in New York City will be required to ensure that their employees are vaccinated against COVID-19. The Mayor called...more
Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA)....more
Seyfarth Synopsis: Under a new statute, New York employers are required to notify employees if they intend to monitor their company-controlled phones, email, or internet use....more
New York Governor Kathy Hochul has signed legislation that significantly broadens protections for whistleblowing employees under Section 740 of the New York Labor Law. The amendments, which take effect on January 26, 2022,...more
The New York Health Commissioner has stated that the emergency designation of COVID-19 expires -- for now -- on September 30. And the Department of Labor issued Frequently Asked Questions to guide employers in activating...more
New York City’s new law severely limiting at-will employment in the fast-food industry is scheduled to go into effect on July 4, 2021. Although a lawsuit seeking to enjoin the law is pending, covered employers should be...more
Seyfarth Synopsis: In Whiteside v. Hover-Davis, Inc., the Second Circuit upheld the dismissal of an FLSA claim because the plaintiff failed to allege facts sufficient to invoke the three-year limitations period for willful...more
The New York State Legislature is keeping busy with new employment legislation as the local and national economies continue to recover from the COVID-19 pandemic....more
Seyfarth Synopsis: Arbitration agreements with class and collective action waivers can help employers limit litigation exposure, especially to wage and hour claims. In recent years, however, in light of the “Me Too”...more
Seyfarth Synopsis: A recent Second Circuit decision casts doubt on the usefulness of national statistics to support a claim of hiring disparities at the pleading stage of litigation. Unless the national population mirrors the...more
The NYC Council has passed two bills that will end traditional at-will employment for fast-food employers in New York City. The bills were sent to Mayor Bill de Blasio for signature on December 17, 2020 and will take effect...more
12/21/2020
/ At-Will Employment ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Just Cause ,
Labor Regulations ,
Local Ordinance ,
Regulatory Agenda ,
State and Local Government ,
Termination
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2020. ...more
Seyfarth Synopsis: New York, New Jersey, and Connecticut have updated the list of states subject to 14-day quarantine provisions, with more than half of the 50 states now covered....more
Seyfarth Synopsis: The New York Department of Labor is officially phasing out the “tip credit” this year for a wide variety of workers outside the hospitality industry. The first phase of the elimination took effect on June...more
Seyfarth Synopsis: The Second Circuit held that attorneys’ fee awards in FLSA settlements are not limited by principles of “proportionality” between the fees and the amount of the settlement or subject to a 1/3 cap....more
Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval. The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more
12/10/2019
/ Carve Out Provisions ,
Confidentiality Agreements ,
Corporate Counsel ,
Court Approval ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Interlocutory Appeals ,
Offer of Judgment ,
Rule 41 ,
Rule 68 ,
Settlement Agreements ,
Settlement Negotiations ,
Stipulated Judgment ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2019....more
11/14/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more
9/20/2019
/ Appeals ,
Construction Industry ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Labor Law Violations ,
Labor Regulations ,
Liquidated Damages ,
Payment Schedules ,
State and Local Government ,
Unpaid Wages ,
Wages
Seyfarth Synopsis: A new decision in the Southern District of New York held that the N.Y. prohibition of mandatory, pre-dispute arbitration of sexual harassment claims is preempted by the Federal Arbitration Act....more
7/2/2019
/ Arbitration ,
Arbitration Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal v State Law Application ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Preemption ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: New York’s recently enacted prohibition on arbitration agreements of sexual harassment claims is likely to be preempted by federal law. ...more
10/26/2018
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Federal v State Law Application ,
Preemption ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws