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New York Appellate Courts Split Over Whether Individuals Can Sue for Frequency of Pay Violations

New York’s Appellate Division, Second Department, created a split among the state’s appellate courts on whether individuals have a private right of action to recover damages for violations of the frequency of payments...more

NY DOL Finalizes Changes to Tip Credit, Meal Credit, Uniform Maintenance Pay and Exempt Employee Salary Thresholds

As explained in our previous alert, in October 2023, after Gov. Kathy Hochul signed into law increases to New York’s minimum wage, the New York State Department of Labor (NY DOL) issued proposed changes to the tip credit,...more

New York State’s ‘Freelance Isn’t Free’ Act: What You Need To Know

Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free” Act (the Act), which aims to provide freelance workers certain protections across the state. New York employers who use freelancers or independent...more

NY DOL Issues Proposed Adjustments to the Tip Credit in Accordance with the Upcoming Increase in Minimum Wage

Governor Kathy Hochul signed into law in May increases to New York’s minimum wage that will occur over the next few years. The first increase is set to take effect on January 1, 2024. Additional increases to the minimum wage...more

Proposed Rules Issued for New York’s Pay Transparency Law: What You Need to Know

The New York Department of Labor (NYDOL) has issued proposed regulations related to New York’s Pay Transparency Law, which are open for comment until November 12, 2023. In addition, the NYDOL issued a fact sheet and a set of...more

New York Employers Must Provide Digital Workplace Posters

In addition to the increasing number of posters employers are required to physically display, effective December 16, 2022, New York employers must now furnish all employees with digital copies of all required posters via...more

New York Employers Cannot Retaliate Against Employees for Lawful Absences

Starting February 19, 2023, New York employers will be prohibited from retaliating against employees who take lawful absences pursuant to federal, state or local law. Employers are advised to review their leave of absence...more

New York State Launches Employee Hotlines

New York State has launched two statewide, toll-free “hotlines” that aggrieved individuals can use to confidentially report workplace issues. The first hotline, which addresses sexual harassment, was announced on July 19...more

New York No Longer Considers COVID-19 a Serious Risk of Harm to the Public Under the HERO Act

Effective March 17, 2022, COVID-19 is no longer considered an airborne infectious disease that presents a serious risk of harm to the public health under the New York Health and Essential Rights Act (HERO Act), according to...more

Workplace Safety Committees Defined in Proposed Regulations for New York State’s HERO Act

The New York State Department of Labor (NYSDOL) has released long-awaited proposed rules for the New York Health and Essential Rights Act (also known as the HERO Act) addressing joint labor-management workplace safety...more

New York Releases Model Airborne Infectious Disease Prevention Plans

As set forth in our March 15, 2021 alert and April 23, 2021 alert, the New York Health and Essential Rights Act (HERO Act) requires almost all employers in the state to adopt a health and safety plan to protect workers from...more

Proposed Law Poses Risk Of Significant Legal Exposure For General Contractors In New York

New York lawmakers are close to passing a law that creates automatic liability for general contractors when their subcontractors fail to properly pay their employees. Existing New York law provides at least a modicum of...more

NY Department Of Labor Proposes Regulations For New Paid Sick Leave Law

The New York State Department of Labor (DOL) published proposed regulations on December 9 that provide more details on the recently enacted New York State Sick Leave Law (NYSSL), which imposes sweeping paid sick leave...more

FAQs Released For New York State Sick Leave Law

As described in our prior alert, New York enacted the New York State Sick Leave Law (NYSSL) imposing sweeping paid sick leave requirements for New York employers. Under the NYSSL, employees begin to accrue paid sick leave on...more

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