The FLSA’s minimum wage and overtime requirements do not apply to any employee employed in a bona fide executive, administrative, or professional (EAP) capacity, nor do they apply to highly compensated employees who perform...more
12/9/2024
/ Bonuses ,
Corporate Counsel ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Human Resources Professionals ,
Over-Time ,
Pay Transparency ,
Payroll Records ,
Private Attorneys General Act (PAGA) ,
Salaried Employees ,
State Labor Laws ,
Tip Credit
President Joe Biden has signed off on the most recent government funding bill, which allocates $13.4 billion to the United States Department of Labor (DOL), including $260 million earmarked for the DOL’s Wage and Hour...more
Members of the New York City Council are looking to accomplish what the New York State Legislature could not – proposing various bans on the use of non-competes in New York City. On February 28, 2024, members of the New York...more
3/5/2024
/ City Councils ,
Civil Monetary Penalty ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Freelance Workers ,
Local Ordinance ,
Low-Wage Workers ,
Municipalities ,
Non-Compete Agreements ,
Proposed Legislation ,
Void and Unenforceable
2024 has gotten off to a hot start for New York employers. We have already seen significant developments regarding the New York Labor Law’s (NYLL) pay frequency requirements....more
As most employers are well aware, wage and hour claims continue to be one of the most expensive employment law risks. In 2022, the 10 largest reported settlements for wage and hour actions totaled $574 million....more
Last week, Governor Kathy Hochul signed legislation amending the New York Penal Law in order to allow prosecutors to seek stronger criminal penalties against employers who steal wages from workers. Specifically, employers who...more
New Jersey companies utilizing the services of temporary workers contracted through a staffing agency or temporary help service firm should be aware that additional state-mandated protections covering certain temporary...more
In an update to our January 5, 2023 post and our June 27, 2023 post regarding the Pregnant Workers Fairness Act (“PWFA”), which took effect in late June, the Equal Employment Opportunity Commission (“EEOC”) has released...more
8/11/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Reasonable Accommodation ,
Title VII ,
Undue Hardship
The Supreme Court’s unanimous decision in Groff v. DeJoy has curtailed an employer’s ability to demonstrate an “undue hardship” when assessing an employee’s request for a religious accommodation under Title VII of the Civil...more
7/7/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
The 2024 New York State budget, which was recently announced, includes a plan whereby the minimum wage will increase throughout the state, beginning on January 1, 2024 and continuing through 2026, as follows...more
The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that could have a significant impact on our New York-based clients. This alert highlights just some of...more
4/27/2023
/ Artificial Intelligence ,
At-Will Employment ,
Automation Systems ,
Earned Sick Time ,
EEO-1 ,
Employee Monitoring ,
Employment Discrimination ,
Hiring & Firing ,
Labor Law Violations ,
Lactation Accommodation ,
Local Ordinance ,
New Legislation ,
Pay Transparency ,
Proposed Legislation ,
Reporting Requirements ,
State Labor Laws ,
Statute of Limitations ,
Wrongful Termination
As we previously discussed in May and July, the New York Health and Essential Rights Act (NY HERO Act), signed into law by then-Gov. Andrew Cuomo, required employers to take numerous health and safety measures in response to...more
On July 27, 2021, the Centers for Disease Control and Prevention (CDC) issued updated Interim Public Health Recommendations for Fully Vaccinated People (Updated CDC Guidance). The Updated CDC Guidance is based upon new...more
On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (NY HERO Act) into law. As discussed in an earlier BakerHostetler post, this law mandates extensive new workplace health and safety...more
Over the past several weeks, as the number of vaccinated Americans continues to rise, many jurisdictions have eased, or even eliminated, their COVID-19 business restrictions and mask mandates. Most notably, on May 13, 2021,...more