Seyfarth Synopsis: In compliance with legislation passed earlier this year, New York State has released the final model sexual harassment policy and complaint form, the model training materials, and FAQs, which provide...more
10/4/2018
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Local Ordinance ,
Non-Disclosure Agreement ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: In compliance with the New York State Anti-Sexual Harassment legislation passed earlier this year, the Office of Governor Andrew M. Cuomo has released drafts of the model sexual harassment policy, training...more
8/27/2018
/ #MeToo ,
Anti-Harassment Policies ,
Comment Period ,
Complaint Procedures ,
Corporate Culture ,
Draft Guidance ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment
Seyfarth Synopsis: The Commission has published the sexual harassment poster and information sheet mandated under the “Stop Sexual Harassment in NYC Act.” Employers must display the poster, and distribute the information...more
Effective July 18, 2018, New York City employers must grant two temporary schedule changes per year to eligible employees for certain qualifying “personal events.” Unlike other bills which were a part of the NYC Fair...more
Seyfarth Synopsis: New York Governor Andrew M. Cuomo and New York City Mayor Bill de Blasio have each signed new laws designed to combat workplace sexual harassment. Together, these new laws have resulted in sweeping...more
5/16/2018
/ Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Hostile Environment ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: The New York City Council has passed, and Mayor Bill de Blasio is expected to sign, a package of eleven bills—together referred to as the Stop Sexual Harassment in NYC Act—that will require most private...more
Seyfarth Synopsis: The New York Legislature has passed, and Governor Andrew M. Cuomo is expected to sign, a bill that will, among other things, prohibit all employers from requiring employees to arbitrate claims of sexual...more
Seyfarth Synopsis: The U.S. Department of Labor has announced the launch of the Payroll Audit Independent Determination program—or “PAID”— to facilitate the resolution of overtime and minimum wage claims under the FLSA...more
4/5/2018
/ Back Wages ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Pilot Programs ,
Minimum Wage ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Self-Reporting ,
State and Local Government ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: A new NYC law entitles employees to two temporary schedule changes per year for certain personal events. Separately, the comment period for call-in pay rules proposed by the State DOL has been extended to...more
1/22/2018
/ Comment Period ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Local Ordinance ,
On-Call Employees ,
Restaurant Industry ,
Retailers ,
State and Local Government ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more
1/8/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Internships ,
Misclassification ,
Primary Beneficiary Test ,
Regulatory Oversight ,
Regulatory Reform ,
Unpaid Interns ,
Wage and Hour
Seyfarth Synopsis: Governor Andrew Cuomo has directed the Commissioner of Labor to schedule public hearings to address the possibility of eliminating the tip credit. A tip credit allows an employer to pay less than minimum...more
Seyfarth Synopsis: The Second Circuit has upheld summary judgment against magazine interns seeking payment as “employees” under the FLSA.
In an end-of-semester decision that may represent the final grade for unpaid interns...more
Seyfarth Synopsis: The New York Court of Appeals, on a question certified by the Second Circuit, announced the standard for punitive damages in claims under the New York City Human Rights Law.
...more
Seyfarth Synopsis: Proposed rules released by the NYS DOL would require employees to be paid for time not worked due to on-call scheduling practices....more
Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were...more
Fox Searchlight and Fox Entertainment Group have reached a preliminary settlement with a group of former unpaid interns, possibly resolving the lawsuit that resulted in a Second Circuit decision that redefined the test used...more
Joining a budding national trend, renowned restaurateur Danny Meyer of Union Square Hospitality Group last week announced that he will eliminate formal tipping at his restaurants starting in 2016. Meyer stated that the new...more
10/22/2015
/ Class Action ,
Collective Actions ,
Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Hospitality Industry ,
Minimum Wage ,
Resorts & Restaurants ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern...more
9/17/2015
/ Class Action ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Minimum Wage ,
Multi-Factor Test ,
Nurses ,
Primary Beneficiary Test ,
Unpaid Interns ,
Wage and Hour