Executive Summary: This month both the New York State (NYS) Senate and the NYS Assembly passed identical bills that effectively ban all noncompete agreements in the state of New York. If signed by Governor Kathy Hochul, the...more
6/26/2023
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more
12/18/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Gender Discrimination ,
Hiring & Firing ,
Human Rights ,
Independent Contractors ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Non-Employees ,
Punitive Damages ,
Risk Management ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
On August 12, 2019, New York State (NYS) amended its Human Rights Law to make it easier to prove discriminatory harassment for members of all protected classes, including age, race, creed, color, national origin, sex, sexual...more
8/15/2019
/ #MeToo ,
Anti-Harassment Policies ,
Burden of Proof ,
Corporate Culture ,
Employer Liability Issues ,
Gender-Based Pay Discrimination ,
Harassment ,
Hostile Environment ,
New Legislation ,
NYSHRL ,
Regulatory Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more
3/27/2019
/ Appeals ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
Until last week, no New York court had ruled on the question whether a fiscal intermediary (FI) participating in New York’s consumer directed personal assistant program (CDPAP) was a joint employer of a consumer’s personal...more
In groundbreaking legislation last year, New York State amended its Human Rights Law ("NYSHRL") to prohibit sexual harassment against non-employees of all types, including models, stylists, and artists in the fashion industry...more
1/15/2019
/ #MeToo ,
Complaint Procedures ,
Corporate Culture ,
Employer Liability Issues ,
Fashion Industry ,
Harassment ,
Hostile Environment ,
Independent Contractors ,
NYCHRL ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
In New York State, the State Human Rights Law ("HRL") was recently amended to prohibit sexual harassment against independent contractors. This is a major extension of sexual harassment protection with significant liability...more
Last week, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for...more
In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more
8/23/2016
/ Class Action ,
Class Certification ,
Collective Actions ,
Conditional Certification ,
Corporate Counsel ,
Domestic Workers ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Home Health Care ,
Home Healthcare Workers ,
Unpaid Overtime ,
Wage and Hour
It has been reported that the Department of Labor (DOL) will issue a rule this month revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed home care workers. ...more