Westchester County, a Northern suburb of New York City home to IBM and a number of other large employers, has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave....more
A year ago the California Supreme Court in Dynamex sent California businesses scrambling to justify their independent contractor arrangements under the stricter ABC Test. ...more
In January 2018, we issued an advisory relating to the New York State Department of Labor (the “NYSDOL”) proposed regulations regarding predictive scheduling that would have revised the “call-in” pay requirements of the...more
In January 2018, we issued an advisory regarding proposed regulations from the New York State Department of Labor (the “NYSDOL”) revising the “call-in” pay requirements of the Minimum Wage Order for Miscellaneous Industries...more
The Fair Labor Standards Act and New York’s Minimum Wage Orders require employers to pay non-exempt employees overtime for all hours worked over 40 hours in a workweek....more
The Fair Labor Standards Act now permits many employers to include back-of-house employees in tip pools, and prohibits employer, manager, and supervisor participation.
On March 23, 2018, President Trump signed the new...more
4/6/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
The New York State Department of Labor (the “NYSDOL”) has proposed regulations revising the “call-in” pay requirements of the Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”). Covered employees...more
The NYC Department of Consumer Affairs has adopted regulations regarding the Fair Workweek Law (“FWL”), which place detailed requirements that severely limit the flexibility and operational discretion of covered employers...more
On May 30, 2017, New York City Mayor Bill de Blasio signed into law a package of legislation regulating how retail employers and fast food establishments in New York City schedule their employees to work. Each of these laws...more
The U.S. Equal Opportunity Commission has finalized the revised EEO-1 Form, which will require employers and federal contractors with 100 or more employees to include pay data, categorized by gender, race and ethnicity, in...more
New York state has enacted two new major employment laws that all New York employers need to prepare for: (1) the most comprehensive paid family leave law in the country commencing in 2018; and (2) beginning Dec. 31, 2016,...more
The EEOC’s latest proposal, requiring employers to report pay data annually on their EEO-1 reports, shows that the Obama Administration means business when it comes to pushing for pay equity—not only for women, but also for...more
Beginning in January, workers in New York will find it much easier to plead and prove claims of wage discrimination. Effective Jan. 19, 2016, New York employers will face greater difficulty in defending against claims of sex...more
On July 27, 2015, the New York Fast Food Wage Board (“FFWB”) formally approved resolutions to increase the minimum wage for workers in quick-service and fast-casual restaurants in New York City and the rest of New York to...more
The New Jersey Supreme Court recently adopted a new test making it more difficult for New Jersey employers to classify workers as independent contractors. In a lawsuit brought by contract delivery drivers against a chain of...more