Among other provisions, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) mandates that covered employers generally must provide employees on USERRA leave with the same “rights and benefits”...more
Continuing New York State’s four-phased plan for reopening nonessential businesses and expanding essential businesses in the state (“New York Forward” or “NYF”), New York has released summary and detailed guidelines...more
Since releasing our Advisory on January 30, 2020, there have been significant developments in connection with the 2019 Novel Coronavirus (“COVID-19” or “Coronavirus”). For example, on February 25, 2020, the U.S. Centers for...more
3/2/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Presidential Proclamations ,
Public Accommodation ,
Public Health ,
Traveling Employee ,
World Health Organization
The 2019 Novel Coronavirus (“2019-nCoV” or “Coronavirus”) is a rapidly spreading respiratory illness that is raising important issues for employers....more
1/31/2020
/ Americans with Disabilities Act (ADA) ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitality Industry ,
Human Resources Professionals ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Public Health ,
Wage and Hour ,
Workplace Safety ,
World Health Organization
Earlier this year, the New York City Council passed a series of laws known as the Stop Sexual Harassment Act (“Act”). The New York City Commission on Human Rights (“Commission”) has now issued additional information and...more
The New York City Temporary Schedule Change Law (“Law”) became effective on July 18, 2018. As we reported in a previous Act Now Advisory, the Law allows most New York City employees up to two temporary schedule changes (or...more
Both New York State and New York City lawmakers have had a busy year so far, enacting a host of employment laws that impose new and significant responsibilities on covered employers. Below is a summary of the major laws...more
On May 9, 2018, Mayor Bill de Blasio signed into law a series of bills addressing sexual harassment in the workplace. Four of these new laws significantly expand the obligations of many New York City-based employers to...more
The New York City Department of Consumer Affairs has issued a revised Notice of Employee Rights under the Earned Safe and Sick Time Act (“ESSTA”) (formerly called the Earned Sick Time Act, or “ESTA”)....more
The 2018-2019 New York State Budget (“Budget”), which was enacted on April 12, 2018, includes several new state laws concerning sexual harassment in the workplace that will affect both public and private employers. (For those...more
On January 19, 2018, New York City adopted Int. 1399-A (“Law”), which will require New York City employers to provide most city-based employees with up to two temporary schedule changes (or permission to take unpaid time off)...more
New York State recently released several forms for use by employers and employees under the Paid Family Leave Benefits Law (“Law”), which becomes effective on January 1, 2018. The forms include (i) a waiver for employees who...more
On July 19, 2017, the New York State Workers’ Compensation Board (“WCB” or the “Board”) issued its final regulations (“Regulations”) for the New York Paid Family Leave Benefits Law (“PFLBL” or “Law”), which, effective January...more
On May 24, 2017, the New York State Workers’ Compensation Board (“WCB”) published updated regulations (“Updated Regulations”) to the New York Paid Family Leave Benefits Law (“PFLBL”), which, as we previously reported, becomes...more
On December 7, 2016, the U.S. Court of Appeals for the Second Circuit resolved a split among district courts within the circuit regarding whether liquidated damages may be awarded under both the Fair Labor Standards Act...more
The New York State Department of Labor (“NYSDOL”) has adopted its previously proposed amendments to the state’s minimum wage orders to increase the salary basis threshold for executive and administrative employees...more
On October 19, 2016, the New York State Department of Labor (“NYSDOL”) announced proposed amendments to the state’s minimum wage orders (“Proposed Amendments”) to increase the salary basis threshold for executive and...more
On March 31, 2016, New York State’s governor and legislative leaders announced an agreement on the state’s budget for 2016-2017 (“Budget”). Governor Andrew Cuomo signed the bill enacting the Budget at a press conference...more
On February 16, 2016, the New York City Commission on Human Rights (“Commission”) published proposed rules (“Proposed Rules”) to the City’s Fair Chance Act (“Act”). The Act controls when New York City employers can inquire...more
Two important New York City laws impacting the hiring process have recently taken effect, requiring immediate action by most City employers.
The Fair Chance Act, New York City’s “ban the box” law (“Ban-the-Box Law”),...more
10/30/2015
/ Background Checks ,
Ban the Box ,
Best Management Practices ,
Conditional Job Offers ,
Criminal Background Checks ,
Employee Credit Checks ,
Employer Liability Issues ,
Fair Chance Act ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Applicants ,
NYCHRL ,
Popular ,
Screening Procedures
On September 3, 2015, the amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting the use of credit checks in employment (“Credit Check Law”) became effective. On the same day, the New York City Commission on...more
9/10/2015
/ Amended Regulation ,
Background Checks ,
Best Practices ,
Credit History ,
Credit Reports ,
Enforcement Guidance ,
Financial Industry Regulatory Authority (FINRA) ,
Hiring & Firing ,
NYCHRL ,
Recordkeeping Requirements ,
Search Engines
As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation...more
The New York State Department of Labor (“NYSDOL”) recently announced that it had published proposed regulations (“Proposed Regulations”) governing employers’ use of payroll debit cards as a permissible method of wage payment....more
On July 2, 2015, the U.S. Court of Appeals for the Second Circuit reversed a federal district court decision that had held that certain unpaid interns should have been classified and paid as employees under both the federal...more
7/8/2015
On April 16, 2015, the New York City Council passed an amendment (“Amendment”) to the New York City Human Rights Law (“NYCHRL”) that, if signed into law, would make it an unlawful discriminatory practice for employers to use...more