In the second in a series of blogs examining often overlooked or misunderstood provisions of common employment laws, today we are covering four things employers may not know about the federal Uniformed Services Employment and...more
In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more
4/18/2024
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Continuing Violation Theory ,
Corporate Counsel ,
Family and Medical Leave Act (FMLA) ,
Hostile Environment ,
Human Rights ,
New York ,
Remote Working ,
Retaliation ,
Summary Judgment ,
Title VII
On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations...more
1/26/2024
/ Appropriations Bill ,
Asset Seizure ,
Coronavirus/COVID-19 ,
Disability Leave ,
Employee Benefits ,
Family and Medical Leave Act (FMLA) ,
Liquidated Damages ,
New York ,
NYDOL ,
Paid Leave ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
State Budgets
On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted...more
Welcome to the first in a series of blogs examining often overlooked or misunderstood provisions of common employment law topics. Today we will be covering four pitfalls that employers may inadvertently encounter when...more
The U.S. Department of Labor (DOL) has released updated posters regarding the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). Employers covered by these laws are required to display copies of...more
As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency. However, the rollback of COVID-19 requirements was already underway in many state and municipal...more
5/9/2023
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Sick Leave ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the...more
7/27/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Guidance Update ,
Hazard Pay ,
New Guidance ,
Non-Exempt Employees ,
Sick Employees ,
Telecommuting ,
Wage and Hour
On May 12, 2020, the U.S. House of Representatives introduced the Health and Economic Recovery Omnibus Emergency Solutions Act (“HEROES Act”), which, among other things, would significantly expand coverage and benefits...more
5/16/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Leave ,
Proposed Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Wage and Hour
On March 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published much anticipated initial guidance on the federal Family First Coronavirus Response Act (“FFCRA”)....more
3/27/2020
/ Child Care ,
Covered Employer ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Exemptions ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Full-Time Employees ,
New Guidance ,
Part-Time Employees ,
School Closures ,
Sick Leave ,
Sick Pay
On March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released the model notice that covered employers must post regarding the Families First Coronavirus Response Act (“FFCRA”), along with...more
On March 18, 2020, President Trump signed into the law the Family First Coronavirus Response Act (the “Family First Act” or the “Act”). The Family First Act is a package of provisions aimed at providing emergency relief and...more
On March 14, 2020, the U.S. House of Representatives overwhelmingly passed H.R. 6201, also known as the Family First Coronavirus Response Act (the “Family First Act”), in an effort to provide emergency relief and support...more
3/17/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Leave ,
Paid Sick Leave Act ,
Proposed Legislation ,
State of Emergency ,
Tax Credits
As the recent Coronavirus outbreak continues, the Centers for Disease Control and Prevention (CDC) has released guidance specifically for employers, outlining recommendations and best practices to protect their workplaces....more
2/11/2020
/ 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
Proskauer’s 24th Annual Trick or Treat Seminar was held on Wednesday, October 31 and discussed timely topics and best practices specifically tailored to the not-for-profit community.
The seminar discussed...more
The U.S. Department of Labor Wage and Hour Division is proposing revisions to its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (FMLA). Employers may, but are not...more
Oregon is the latest state to enact a paid family and medical leave law. The law, which will cover all employers with one or more employees working in Oregon, establishes a state-managed insurance program with employers and...more
7/24/2019
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Contributions ,
Employer Contributions ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws
The New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”). The final regulations are effectively immediately....more
7/22/2017
/ Disability Leave ,
Eligibility ,
Employee Benefits ,
Employee Contributions ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Local Ordinance ,
Look-Back Measurement Period ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
State Labor Laws
The New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”)....more
The New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018....more
In what is being called one of the most comprehensive programs of its kind in the United States, New York State has enacted a paid family leave law that will ultimately require employers to provide eligible employees with up...more
It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers,...more