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With the 2025 New York legislative session now completed, several bills that passed both the Senate and Assembly may be headed to the Governor for signature, but two significant bills that passed the Senate did not pass the...more
Real World Impact: Effective July 2, 2025, New York City’s Department of Consumer and Worker Protection will amend its implementing rules to the City’s Earned Safe and Sick Time Act to include the City’s own version of New...more
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
On May 9, 2025, Governor Kathy Hochul signed into law significant amendments to the New York labor law, providing relief to employers in connection with frequency-of-pay violations. Previously, New York employers who failed...more
Long days and double shifts are common in the restaurant business. As a New York restaurant owner, it’s crucial to understand the “spread of hours” rule – a unique state requirement that can catch employers off guard. This...more
New York restaurant owners must navigate complex tip pooling and tip credit regulations to ensure compliance with federal and state labor laws. Failure to follow these rules can result in lawsuits, back wages, and penalties....more
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
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
It is common practice across the country for employees to be paid every other week or twice per month, because that imposes much less time and manpower on an employer than running payroll weekly. But such a practice can...more
On April 1, 2025, New York City Mayor Eric Adams and the New York City Department of Consumer and Worker Protection (DCWP) announced that, effective immediately, delivery platform companies must pay delivery workers a minimum...more
During the first quarter of 2025, the New York State legislature and Governor Kathy Hochul have been actively advancing several initiatives that – if passed and signed – will require New York employers to adapt their policies...more
With the passage of the New York State Fashion Workers Act, New York is set to regulate the working conditions of fashion industry professionals and the conduct of employers in the fashion, entertainment, and retail...more
The most wonderful time of the year often portends many legal hiccups for the unassuming business. And this year is no different. As the holiday season approaches and we turn the calendar to 2025, New York employers should...more
As we previously reported, earlier this year a new paid prenatal personal leave entitlement was added to Section 196-b of the New York Labor Law, i.e., the New York State Paid Sick Leave Law....more
Beginning on January 1, 2025, all New York employers will be required to provide eligible employees with 20 hours of paid prenatal leave (“Paid Prenatal Leave”) during any 52-week period for health care services during or...more
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
Earlier this month, the New York City Earned Safe and Sick Time Act (“ESSTA”) – the City’s paid sick leave mandate – celebrated its 10-year anniversary....more
2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more
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
Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more
Hoping to “raise the bar” for the rest of the nation, Governor Hochul announced a first of its kind proposal that would allow qualifying workers in New York up to 40 hours of paid leave to attend prenatal appointments. While...more
New York Labor Law (NYLL) Section 191 sets out a “schedule” for the frequency of wage payments of various categories of workers, including manual workers, who must be paid on a weekly basis. New York State’s Department of...more
In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of...more
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
This is a reminder that the New York State Minimum Wage Increase has gone into effect. Governor Hochul signed Senate Bill S4006C into law on May 3, 2023, increasing New York’s minimum wage in annual increments beginning...more