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
The United States Department of Labor (DOL) issued a final rule (Final Rule) on December 22, 2020, addressing tipped employees and the Fair Labor Standards Act (FLSA). The Final Rule was implemented as a result of the...more
On December 17, 2020, New York City Council passed amendments to the Fair Work Practices chapter of the New York City Administrative Code, referred to as the “Fair Work Week Law,” that will significantly alter the...more
12/22/2020
/ At-Will Employment ,
Failure to Perform ,
Fair Workweek ,
Fast-Food Industry ,
Hiring & Firing ,
Just Cause ,
Layoffs ,
Restaurant Industry ,
Seniority ,
Wage and Hour ,
Work Schedules
As we approach the end of the year, it is critical to remember and implement the new legal requirements that go into effect in New York on December 31, 2020 and shortly thereafter. Failure to comply with these requirements...more
12/15/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
New York ,
Paid Sick Leave Act ,
Rate of Pay ,
Sick Leave ,
State Labor Laws ,
Tipped Employees ,
Uniforms ,
Wage and Hour ,
Wages
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
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
10/27/2020
/ Accrual Requirements ,
Carryover Basis ,
Coronavirus/COVID-19 ,
Earned Sick and Safe Time Act ,
Emergency Sick Leave Laws ,
New York ,
NYDOL ,
Policies and Procedures ,
Sick Leave ,
Sick Pay ,
State Labor Laws
By a 3-2 vote along party lines, the U.S. Securities and Exchange Commission (SEC) adopted sweeping changes to Regulation S-K, the regulation primarily concerned with its public company disclosure regime. Public companies...more
New York City Council passed legislation on September 23, 2020, that would significantly affect New York City hotels and possibly restaurants and other food outlets and retail stores within a hotel property. The legislation...more
On September 16, 2020, the New York City Council passed a law that would allow New York City restaurants to charge customers a 10% COVID-19 Recovery Charge to help businesses recover as they begin to reopen. The measure will...more
Governor Andrew Cuomo announced some long-anticipated and welcome news on September 9 for New York City restaurant owners—beginning on September 30, 2020, restaurants in New York City will be permitted to resume indoor dining...more
Considering that many furloughs and layoffs are approaching six months in length (and are likely to last longer), employers need to reassess whether they are now required to issue employment-related notices under New York...more
9/8/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Furloughs ,
Hiring & Firing ,
Layoff Notices ,
Layoffs ,
New York ,
Notice Requirements ,
State and Local Government ,
Wage and Hour ,
WARN Act
The U.S. Senate passed an amendment to the CARES Act on June 3 called the Paycheck Protection Flexibility Act of 2020 (PPFA), extending the time for employers to use funds received in a Paycheck Protection Program (PPP)...more
As various regions in New York continue with Phase 2 of the state's reopening, the New York State Department of Health (DOH) issued interim guidance for outdoor and takeout/delivery food services...more
New York State is slowly reopening regions of the state for business in phases. As of May 20, 2020, seven of New York’s ten regions had begun a Phase 1 reopening, leaving New York City, Long Island and the Mid-Hudson region...more
New York City employers that are continuing, expanding or restarting operations during the COVID-19 pandemic face a complicated array of questions regarding employee leave requests related to the outbreak.
This helpful...more
Although many New York businesses are temporarily closed due to the COVID-19 pandemic and the state’s stay-at-home orders, employers that remain open and/or intend to reopen shortly are looking for ways to keep their...more
Many New York employers have recently been faced with the difficult decision of whether to terminate/furlough employees immediately or hold out in the hopes that life will soon return to normal. As weeks go by, employee...more
With President Trump announcing plans for “Opening up America” in stages and Gov. Andrew Cuomo discussing how to “Un-PAUSE New York,” New York employers should begin considering the necessary steps for reopening business once...more
On April 12, 2020, New York Gov. Andrew Cuomo issued an executive order requiring all essential businesses or entities to provide employees with face coverings that must be worn by employees when they are in direct contact...more
The New York legislature passed the State Budget on April 2, 2020, which contains a provision amending the New York Labor Law to create a general paid sick leave program for employees. Gov. Andrew Cuomo signed the legislation...more
New federal and state laws were enacted on March 18 that will require New York employers to provide paid sick leave to employees affected by COVID-19. Outlined below are key paid sick leave provisions affecting employers of...more
3/23/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
Employer Liability Issues ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Quarantine ,
Relief Measures ,
Sick Employees ,
Sick Leave ,
Sick Pay ,
State Labor Laws ,
Tax Credits ,
Unemployment Insurance
As employees are increasingly absent from work during the COVID-19 situation, employers in New York City and Westchester County should be aware of paid time off provisions under the Earned Safe and Sick Time Act (ESSTA, New...more
New York businesses, especially in the retail and hospitality sectors, have seen a precipitous decline in business due to coronavirus over the past few weeks. The immediate outlook is grim and many anticipate that the local...more
The United States Court of Appeals for the Second Circuit recently rejected an assertion by employees that they were entitled to the proceeds of the delivery fee charged by their grocery store employer. In its March 5 ruling...more