News & Analysis as of

New York Employment Litigation Employees

Morgan Lewis

New York Labor Law Amendment Limits Damages for ‘Frequency-of-Pay’ Violations

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New York recently passed an amendment to New York Labor Law (NYLL) § 198(1-a) that significantly limits the available damages for a violation of NYLL § 191(1)(a) in a “frequency-of-pay” lawsuit....more

Davis Wright Tremaine LLP

New York Reins In "Frequency-of-Pay" Damages Under Amended Labor Law

In a major shift, New York employers will now be subject to significantly reduced damages in "frequency-of-pay" lawsuits due to recent amendments to Section 198(1-a) of the New York Labor Law ("NYLL")....more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

Seyfarth Shaw LLP on

The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Zelle  LLP

AI Update: AI Avatar Does NOT, In Fact, Please the Court

Zelle LLP on

A New York Appellate Court faced an interesting situation on March 26, 2025, when a pro se litigant, Jerome Dewald, attempted to use an AI avatar as his counsel to argue for a reversal of the lower court’s decision in an...more

Sheppard Mullin Richter & Hampton LLP

New York Legislature Proposes New Bill Banning Non-Compete Agreements

The New York Legislature is set to make another attempt to ban non-competes for all but highly compensated individuals. At the end of the 2023 legislative session, the New York Legislature passed a bill that would have banned...more

Epstein Becker & Green

Second Circuit Provides Lifeline to Employers Facing WTPA Claims in Federal Court

Epstein Becker & Green on

In Guthrie v. Rainbow Fencing Inc., 113 F.4th 300 (2d Cir. 2024), the Second Circuit weighed in on a brewing dispute among New York district courts as to whether (and how) a plaintiff’s allegations may establish Article III...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Epstein Becker & Green

New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay...

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On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law...more

Goldberg Segalla

New York State Employment Law Update (Part 4)

Goldberg Segalla on

New York Codifies Employer Requirement to Notify Employees of Unemployment Benefit Rights - Gov. Hochul signed S4878A/A298. The law amends New York Labor Law Section 590 by adding a section that requires employers...more

Sullivan & Worcester

New York City Bans Discrimination Based on Height and Weight

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Effective November 22, 2023, New York City has added height and weight to the list of characteristics protected against discrimination in employment, public accommodations, and housing (and other real estate). New York City...more

Sheppard Mullin Richter & Hampton LLP

Necessity Is the Mother of Invention – But New York Law Says Employers Better Not Take the Credit

On September 15, 2023, New York Governor Kathy Hochul signed a law that made dramatic changes to the enforceability of invention assignment provisions in employment agreements and likely in related agreements including offer...more

Foley & Lardner LLP

Pay Frequency Claims Pass Muster in New York

Foley & Lardner LLP on

After avoiding the limelight for decades, New York State’s manual worker pay frequency law has taken center stage. Specifically, New York Labor Law (NYLL) § 191(1)(a) requires private employers to pay manual workers...more

Console and Associates, P.C.

More Employment Cases Were Filed in the Eastern District of New York than Almost Anywhere Else in the U.S.

Employers have a legal duty to ensure a safe, healthy workplace and to pay employees fairly for their work. This includes an obligation to treat employees fairly and respect their individual differences. When an employer’s...more

Seyfarth Shaw LLP

Legal Update: New York City Announces Nation’s First Minimum Wage for App-Based Delivery Drivers

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Seyfarth Synopsis: In what New York City has billed as the “first-of-its-kind minimum pay rate for app-based restaurant delivery workers,” gig economy delivery workers will be entitled to almost 20 dollars per hour by April...more

Allen Matkins

Court Holds That Arbitrator Must Decide Whether Partner Is An Employee

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As discussed in this post from 2016, California Labor Code Section 925 prohibits an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that...more

Perkins Coie

November Tip of the Month: New York Whistleblower Statute

Perkins Coie on

On October 28, 2021, New York Governor Kathy Hochul signed into law legislation substantially broadening New York’s whistleblower statute. Specifically, while the statute previously protected only current employees in...more

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