The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their...more
Colorado and Washington will likely become the latest states to ban employers from holding mandatory meetings with employees concerning religious or political matters. Such employer-sponsored meetings, known as “captive...more
If you’ve been tracking litigation related to New York’s “frequency of pay” requirement for manual workers, last week’s highly anticipated decision Grant v. Global Aircraft Dispatch brings welcome news to employers. The state...more
A recently signed state law will soon protect New York freelance and contract workers from wage theft and delayed payments – and require businesses to put certain terms in writing. Businesses across the state will need to...more
Effective August 1, Minnesota now prohibits employers from “captive audience meetings” – that is, requiring, under threat of discharge, discipline, or some other penalty, employee attendance or participation in...more
Manhattan District Attorney Alvin Bragg Jr. recently announced a new prosecutorial branch tasked with investigating and prosecuting wage theft and other forms of worker harassment and exploitation throughout the borough. The...more
It is looking increasingly likely that fast food employers in New York City will have to deal with troubling new workplace regulations in the near future, including the prospect of increased penalties for violations,...more
New York City workplace regulators just finalized rules for New York City’s Fair Workweek and just cause laws for fast food workers – and there are some changes from the initial proposals that may come as a surprise to...more
New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense...more
2/2/2022
/ Consent ,
Employer Liability Issues ,
Fair Workweek ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Just Cause ,
Layoffs ,
Notice Requirements ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Public Hearing ,
Recordkeeping Requirements ,
Wage and Hour ,
Work Schedules
Although New York Governor Hochul’s first State of the State address focused on efforts to emerge from the COVID-19 pandemic, she still managed to provide insight on a few key areas of labor and employment law that will...more
1/10/2022
/ Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Criminal Penalties ,
Criminal Records ,
Disabilities ,
Employer Liability Issues ,
Employment Discrimination ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Non-Compete Agreements ,
NYDOL ,
Proposed Legislation ,
State Labor Laws ,
State of the State ,
Unemployment Insurance ,
Wage Theft
The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more
The New York City Council just passed two bills (Int. 1396-A and 1415-A) that limit when a fast food employer can discharge fast food employees, only permitting terminations for “just cause” or for a “bona fide economic...more
With January 1, 2021 quickly approaching, it’s crunch time for New York employers to prepare to comply with the new statewide sick leave law. New York employers have been grappling with questions surrounding the New York Paid...more
Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more
6/22/2020
/ Appeals ,
Collective Actions ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Over-Time ,
Putative Class Actions ,
Salaried Employees ,
Wage and Hour ,
Work Schedules
The New York City Commission on Human Rights (NYCCHR) recently announced the formation of a COVID-19 Response Team to handle allegations of harassment and discrimination related to COVID-19. Although the COVID-19 Response...more
A federal appeals court just ruled that workers don’t need to clear a heightened legal standard in order to pursue pay equity claims, setting the stage for a possible increase in the number of lawsuits seeking recovery for...more
Westchester County has just enacted an Earned Sick Leave Law which will soon require Westchester employers to provide sick leave to its employees. All Westchester employees—both full-time and part-time—who work more than 80...more
10/23/2018
/ Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Local Ordinance ,
New Legislation ,
Paid Time Off (PTO) ,
Private Right of Action ,
Sick Leave ,
Wage and Hour
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/17/2018
/ Anti-Discrimination Policies ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Background Checks ,
CA Supreme Court ,
Class Action ,
Collective Action Waivers ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Freedom of Religion ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Baker ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Licenses ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
OFCCP ,
Opinion Letter ,
Opioid ,
Over-Time ,
Pay Gap ,
Pending Legislation ,
Portable Benefits ,
Restrictive Covenants ,
Ridesharing ,
Right to Work ,
Sexual Harassment ,
State Labor Laws ,
Union Dues ,
Unions ,
Wage and Hour ,
Workplace Injury
As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more
2/17/2017
/ Achieve Pay Equity Act (APEA) ,
Appeals ,
Corporate Counsel ,
Discrimination ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Evidence ,
Functional Equivalent ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Act (PEA) ,
Pay Equity Laws ,
Pay Gap ,
Sex Discrimination ,
Wage and Hour ,
Wages