The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a roughly $2 trillion bill intended to provide emergency assistance and healthcare response for individuals, families, and businesses affected by the COVID-19...more
3/30/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Paid Leave ,
Relief Measures ,
SBA Lending Programs ,
Unemployment Benefits ,
Unemployment Insurance ,
Unions
On March 23, as part of his continuing effort to combat the COVID-19 emergency, Georgia’s Gov. Brian Kemp issued a “shelter in place order” for certain vulnerable Georgians. This order took effect on March 24 at noon and...more
Last night, Governor Andrew Cuomo of New York signed a bill into law that provides statewide paid sick leave related to the COVID-19 pandemic to employees in order “to address the immediate need of employees affected by...more
Welcome to the winter edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
12/20/2019
/ Employee Definition ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Marijuana ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
Non-Exempt Employees ,
Over-Time ,
Parental Leave ,
Reproductive Discrimination ,
Section 7 ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On Oct. 13, 2019, New York City enacted Int. 136-A (the Law), expanding the employment protections of the New York City Human Rights Law (NYCHRL) to freelancers and independent contractors. The Law will take effect on Jan....more
Welcome to the fall edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
10/8/2019
/ Anti-Harassment Policies ,
Domestic Violence ,
Employee Training ,
Failure to Accommodate ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Medical Marijuana ,
Misclassification ,
NLRA ,
NLRB ,
Race Discrimination ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
This morning the Department of Labor (DOL) released its highly anticipated final rule updating the minimum salary thresholds for employees to qualify for the Fair Labor Standard Act’s (FLSA’s) executive, administrative and...more
By September 30, 2019, employers with 100 or more employees are required to submit certain pay data for 2017 and 2018 (called the Component 2 EEO-1 survey) to the Equal Employment Opportunity Commission. Employers required to...more
Welcome to the Summer edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
7/1/2019
/ #MeToo ,
Department of Labor (DOL) ,
Drug Testing ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Marijuana ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Paid Leave ,
Parental Leave ,
Sexual Harassment ,
State Labor Laws ,
Voting Leave ,
Wage and Hour
As discussed in our New York Quarterly Newsletters, employers in New York City who have 15 or more employees (inclusive of independent contractors) are required to provide anti-sexual harassment training on or before December...more
Welcome to the Spring edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
4/1/2019
/ Arbitration ,
Breastfeeding ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Expression ,
Lactation Accommodation ,
Minimum Wage ,
On-Call Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
Last Thursday, the Department of Labor (DOL) announced its Notice of Proposed Rule Making that would increase the minimum salary level necessary for employees to be exempt from the overtime requirements of the Fair Labor...more
Welcome to the second edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
10/4/2018
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
LGBTQ ,
Medical Leave ,
Misclassification ,
No-Poaching ,
Non-Compete Agreements ,
Paid Leave ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Tipped Employees ,
Title VII ,
Wage and Hour ,
Website Accessibility ,
Work Schedules
UPDATE – On Oct. 1, 2018, the state of New York released final guidance on the anti-sexual harassment measures that were passed in the 2018-2019 New York state budget. Perhaps the most important (and welcomed) change in the...more
Earlier this year, Gov. Cuomo signed into law the 2018-2019 New York State Budget, which included new requirements for both private and government employers intended to combat sexual harassment in the workplace....more
Welcome to the first edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some of the key employment trends that affected New York employers in 2017, and our...more
7/20/2018
/ #MeToo ,
Anti-Harassment Policies ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Policies ,
Fast-Food Industry ,
NLRB ,
Non-Disclosure Agreement ,
Paid Family Leave Law ,
Paid Leave ,
Popular ,
Retailers ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Title VII ,
Wage and Hour ,
Work Schedules
Most New York City employers are probably familiar with the Fair Workweek Law that went into effect Jan. 1, 2018, but surely not all New York City employers are. That is likely because until now, that law applied only to...more
At least once a week we get a call from a client inquiring about the status of the new salary threshold overtime regulations. We have an update, and the news is good for employers!
By way of background, on May 23, 2016,...more
Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard...more
As we reported previously to New York recently joined several other states that offer paid family leave benefits for employees. Effective Jan. 1, 2018, the New York Paid Family Leave Law (PFLL) will provide eligible employees...more
Given the exponential uptick in wage and hour lawsuits during the Obama administration and the United States Department of Labor’s (DOL’s) continuing aggressive enforcement of wage and hour laws, many employers have felt the...more
On Wednesday, April 12, 2017, the New York City Council passed a law amending the New York City Human Rights Law (NYCHRL) to add a protective class – salary history. The NYCHRL applies to all employers with four or more...more
As most employers are likely aware, effective Dec. 31, 2016, new minimum wages went into effect in New York. The rates vary for employers, depending on size and location. ...more
President-elect Donald J. Trump on Thursday named Andrew F. Puzder, chief executive of the company that operates the fast food outlets Hardee’s and Carl’s Jr. to be the DOL’s new secretary of labor.
As widely reported by...more
Today, the U.S. Department of Labor (“DOL”) issued the final version of the much-anticipated new Fair Labor Standards Act (“FLSA”) regulations regarding the salary threshold for exempt employees. This post provides employers...more