On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance Questions and Answers publication to provide additional guidance for employers on handling employee religious...more
10/29/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Beliefs ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
The pandemic has hit New York City’s hotels particularly hard, leading to perhaps the industry’s worst year ever in 2020. Despite these incredibly difficult times, however, Mayor de Blasio signed into law on October 5, 2021 a...more
New York City’s Key to NYC mandate for indoor dining, gyms and entertainment venues is now in effect. Below are the requirements of the mandate as set forth in the various Executive Orders that have been issued, as well as in...more
10/6/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Entertainment Venues ,
Executive Orders ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Masks ,
New York ,
Pregnancy ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Exemption ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
World Health Organization
New York City Council has passed a package of six bills that together regulate nearly every aspect of the relationships between third-party food delivery services and their delivery workers within New York City. The bills,...more
As hospitality establishments in New York City are well-aware, starting on September 13, 2021, the city will impose fines on restaurants, bars and event venues that do not comply with the Key to NYC vaccination mandate. As it...more
Surprising no one, New York City again updated the requirements of the Key to NYC vaccination mandate for indoor dining, fitness and entertainment venues.
On August 25, 2021, Mayor Bill de Blasio issued Emergency...more
Yet again, New York City has updated the requirements of the Key to NYC vaccination mandate for indoor dining, fitness and entertainment venues. On August 20, 2021, Mayor Bill de Blasio issued Emergency Executive Order No....more
The New York City Commission on Human Rights has issued guidance for businesses on the accommodations they must provide employees and customers in response to New York City’s “Key to NYC” mandatory vaccination requirements...more
8/19/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Entertainment Venues ,
Executive Orders ,
Human Rights ,
Leave of Absence ,
New York ,
Popular ,
Reasonable Accommodation ,
Religious Beliefs ,
Remote Working ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports
New York City has continued to update the “Key to NYC" requirements since the initial Executive Order was published August 16, 2021. After we released our prior alert discussing the “Key to NYC” mandatory vaccination...more
New York City Mayor Bill de Blasio issued an Executive Order on August 16, 2021 setting forth the requirements of the “Key to NYC” vaccine mandate that was announced earlier this month for indoor dining, gyms and...more
8/17/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Food and Drug Administration (FDA) ,
Hospitality Industry ,
New York ,
Popular ,
Recordkeeping Requirements ,
Restaurant Industry ,
State and Local Government ,
Vaccinations ,
World Health Organization
Approximately 16 months after COVID-19 forced New York to a screeching halt, many restaurants, hotels, bars, caterers and other hospitality establishments are finally reopening for business. As the hospitality industry...more
7/22/2021
/ Age Discrimination ,
Coronavirus/COVID-19 ,
Events ,
Exempt-Employees ,
Harassment ,
Health and Essential Rights (HERO) Act ,
Hospitality Industry ,
Layoffs ,
New York ,
Non-Exempt Employees ,
Popular ,
Rehiring Issues ,
Tip Credit
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
On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA).
These new rules would reinstate the so-called “80/20” rule under...more
New York appears poised to enact a modified version of legislation that would create potential liability for general contractors when their subcontractors fail to properly pay their employees.
As noted in our prior...more
6/3/2021
/ Construction Industry ,
General Contractors ,
Governor Cuomo ,
Independent Contractors ,
Liability ,
Payroll Records ,
State Attorneys General ,
State Labor Laws ,
Subcontractors ,
Unpaid Wages ,
Wage and Hour
Effective May 19, 2021, New York State will adopt the Center for Disease Control’s (CDC) Public Health Recommendations for Fully Vaccinated People (CDC Guidance). As Gov. Andrew Cuomo previously announced, the State on that...more
5/20/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Food and Drug Administration (FDA) ,
Governor Cuomo ,
Infectious Diseases ,
Masks ,
New Guidance ,
Public Transportation ,
Religious Exemption ,
Restaurant Industry ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
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
5/20/2021
/ Construction Industry ,
Employer Liability Issues ,
General Contractors ,
Joint Liability ,
Legislative Agendas ,
Mechanics Lien ,
NYDOL ,
Proposed Legislation ,
State and Local Government ,
Subcontractors ,
Wages
New York City hospitality employers face a myriad of requirements under federal, state, and local laws.
This employment law "checklist" provides a guide for such businesses in order to ensure that they are onboarding new...more
5/7/2021
/ Children's Health Insurance Program (CHIP) ,
Compliance ,
Employee Handbooks ,
Employment Authorization Documents (EAD) ,
Fair Credit Reporting Act (FCRA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Hospitality Industry ,
New York ,
Paid Leave ,
Paid Time Off (PTO) ,
Personnel Records ,
Policies and Procedures ,
Separation Agreement ,
State and Local Government ,
State Labor Laws ,
Termination ,
Wage and Hour ,
Wage Statements
In a victory for employers, the Second Circuit held that plaintiffs seeking to invoke the expansive three-year statute of limitations in the Fair Labor Standards Act (FLSA) must plead specific facts to support a claim that an...more
More bad news for New York City’s fast food employers. The Supreme Court of the State of New York, Appellate Division, First Department has upheld New York City’s Fair Workweek Law in a decision that rejects a challenge from...more
4/27/2021
/ Appellate Courts ,
Fair Workweek ,
Fast-Food Industry ,
Franchises ,
International Franchise Association (IFA) ,
Minimum Wage ,
NY Supreme Court ,
Premium Pay ,
Restaurant Industry ,
Retailers ,
State Labor Laws
In a February 2021 alert, we addressed many of the employment issues surrounding COVID-19 vaccines, including when it may be permissible to require the vaccine, the duty to allow for exceptions to such a rule and...more
On April 7, 2021, the U.S. Department of Labor (DOL) issued much needed guidance to employers and their COBRA administrators on the “COBRA premium subsidy” provision of the American Rescue Plan Act (ARPA). This provision...more
On March 1, 2021, the New York State Senate passed the NY HERO ACT (Senate Bill S1034A) (the Act), which, if enacted into law, would require businesses to implement enforceable safety standards to prevent further spread of...more
3/15/2021
/ Coronavirus/COVID-19 ,
Governor Cuomo ,
Infectious Diseases ,
Masks ,
New York ,
Personal Protective Equipment ,
Policies and Procedures ,
Re-Opening Guidelines ,
Sanitation ,
Social Distancing ,
Workplace Safety
On March 6, 2021, the Senate passed President Joe Biden’s $1.9 trillion COVID-19 relief package known as the American Rescue Plan (ARP), including a $28.6 billion fund to assist restaurants. The relief package now heads back...more
3/9/2021
/ Bernie Sanders ,
Business Closures ,
Business Expenses ,
Business Interruption ,
Coronavirus/COVID-19 ,
Federal Grants ,
Joe Biden ,
Minority-Owned Businesses ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Restaurant Industry ,
Veterans ,
Women-Owned Businesses
On February 11, 2021, the New York Court of Appeals issued an opinion holding that employees, company agents, directors, officers and shareholders are not “employers” and, therefore, are not vicariously liable for...more
As more individuals become eligible to receive a COVID-19 vaccine, employers need to understand what policies and protocols they can establish in order to ensure compliance with applicable laws and continue to maintain a safe...more
2/8/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
NLRA ,
Popular ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations