Workplace Sexual Assault and Third-Party Risk: What’s the Tea in L&E?
Strengthening Your Hiring Process
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(Podcast) California Employment News: CA Local Minimum Wage Updates
Non-Compete Compliance in 2025: State Trends and Employer Strategies
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Constangy Clips Ep. 11 - Summer Interns and Short-Term Workers: 3 Tips for Managing Seasonal Hires
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Weed in the Workplace: What’s the Tea in L&E?
Navigating Contractor vs. Employee Classification
(Podcast) California Employment News: Back to the Basics of Employee Pay Days
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Multijurisdictional Employers, Part 1: Independent Contractors vs. Employees
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(Podcast) California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks
California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks
Legal and Practical Considerations of Adapting Employment Contracts
Update on the State of Non-compete Restrictions (LaborSpeak)
INTRODUCTION On May 9, 2025, New York State Governor Kathy Hochul signed a bill as part of the 2026 Fiscal Year budget, amending New York Labor Law (“NYLL”) Sections 191 and 198. The purpose of the amendment is to limit...more
The New York State Legislature has amended New York Labor Law (“the Law”) to reduce statutory damages for first-time violations of pay frequency requirements for manual workers while preserving the ability to impose...more
New York Labor Law (NYLL) Section 191 mandates that employers pay employees their wages within a certain frequency depending on the classification of employees. For employees that meet the definition of a “manual worker,” the...more
On May 9, 2025, Governor Hochul signed a budget bill into law that includes an amendment (“the Amendment”) to the New York Labor Law (NYLL)....more
New York State has resolved a recent judicial split regarding pay frequency violation remedies by amending the New York Labor Law (“NYLL”) to limit an employee’s ability to recover sizeable liquidated damages. New York...more
The New York State Legislature has limited damages for first-time violations of New York’s pay frequency law, which requires that manual workers be paid weekly. The amendment to New York Labor Law (“NYLL”) § 198(1-a) resolves...more
The lone decision from the 3rd Dept today is very harsh. In Matter of Coyle v. W & W Steel Erectors, the 3rd Dept. affirmed the Board Panel’s decision to reject an appeal as late, despite the basis for the appeal being a...more
As we’ve blogged on previously, there’s a split in the New York intermediate-level appellate courts as to whether a private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the...more
Attached are three 3rd Dept decisions released Thursday, 5/1/25: Pressimone v. NYCHA. Cautionary tale. Here, there was a deadline set for medical depositions....more
The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more
In a recently published opinion, the Appellate Division, Second Department, upheld a Suffolk County Supreme Court decision granting summary judgment in favor of an injured bridge worker who slipped backwards off a scaffold...more
Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more
As a part of our Quarterly Practice Group Update, we are pleased to produce another installment with examples of our continued success in the area of fraud litigation. The New York State Workers’ Compensation Board has...more
Starting a new year is a good opportunity for employers to review compensation structures to ensure sure they are paying their employees enough to meet the salary thresholds necessary for an employee to maintain their exempt...more
For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more
Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more
The New York Court of Appeals recently expanded the types of hazards encompassed by Industrial Code § 23-1.7(d). In so doing, the court increased the likelihood of Labor Law § 241(6) liability for property owners, contractors...more
Following a recent court decision and pronouncement from the governor, New York employers may see a decline in the number of "frequency of pay" lawsuits brought by manual workers for failure to pay on a weekly basis. This...more
A federal appeals court recently made clear that judges must evaluate equal pay claims separately under federal law and New York’s separate equal pay law because the scope of the NY law is broader and could capture more legal...more
New York’s Court of Appeals sided with defendants in three recent decisions in cases alleging violations of New York Labor Law Section 240(1). New York’s Labor Law maintains particularly high standards for defendants that are...more