In a hotly anticipated decision, the New York State Appellate Division, Second Department held in Grant v. Global Aircraft Dispatch, Inc. that manual workers do not have a private right of action under the New York Labor Law...more
1/24/2024
/ Civil Monetary Penalty ,
Class Action ,
Employer Liability Issues ,
New York ,
NYDOL ,
Private Right of Action ,
State Budgets ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Wages
Although 2023 perhaps did not see the passage of any laws quite as impactful as 2022—which, as employers will recall, included New York State enacting its own pay transparency law (see here) and novel New York City Council...more
12/15/2023
/ #MeToo ,
Artificial Intelligence ,
Corporate Counsel ,
Earned Sick and Safe Time Act ,
Employee Rights ,
Employment Discrimination ,
Facebook ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Harassment ,
Intellectual Property Protection ,
Minimum Wage ,
New York ,
NYDOL ,
Pay Transparency ,
Remote Working ,
Retaliation ,
Settlement ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
Wage Theft ,
WARN Act
Non-compete agreements may soon be a thing of the past in New York. Following the passage by the New York State Senate of S3100A, the State Assembly passed A1278B, and if signed into law, it would add new Section 191-d into...more
UPDATE: Governor Hochul has signed the below amendments into law – the amended New York State pay transparency rules will become effective September 17, 2023.
Coming on the heels of Governor Hochul signing into law New...more
The New York State Department of Labor has issued proposed regulations interpreting and further defining the contours of the HERO Act’s joint labor-management workplace safety committees. We summarize the proposed...more
New York has greatly expanded its “whistleblower” law. The amendments to New York Labor Law §740 go into effect on January 26, 2022 and undoubtedly enhance employee protections and require New York employers to take certain...more
The New York State Department of Labor (NYSDOL) has published guidance regarding employee cannabis use. We previously reported on the amendments to New York’s off-duty conduct law—New York Labor Law Section 201-D—which now...more
11/4/2021
/ Cannabis Products ,
Drug Testing ,
Employee Training ,
Employment Policies ,
New Guidance ,
NYDOL ,
Proprietary Information ,
Recreational Use ,
State Labor Laws ,
Trade Secrets ,
Workplace Safety
The New York State Department of Labor (NYSDOL) has released its HERO Act minimum standards and template policies related to airborne infectious disease prevention. Employers now have 30 days after the standards’ publication...more
This post was revised on May 19, 2021 to reflect relevant updates.
On May 5, 2021, New York enacted the Health and Essential Rights Act (the “HERO Act”). The new law seeks to address continued COVID-19 safety concerns in...more
New York’s off duty conduct law will now explicitly apply to an employee’s off-duty use of cannabis. The change in law came as a result of the recent passage of “The Marijuana Regulation and Taxation Act,” which generally...more
The New York State Legislature recently passed the Health and Essential Rights Act (the “HERO Act”), which has been delivered to Governor Cuomo for his signature. The legislation seeks to address continued COVID-19 safety...more
The New York State’s Department of Labor (“NYSDOL”) recently issued new Quarantine Leave guidance for 2021 – guidance that is certainly controversial in that it seemingly goes beyond the statutory text of the NY COVID-19...more
The New York City Council has expanded NYC’s Fair Chance Act to further restrict NYC employers from taking adverse actions against applicants or employees based on their criminal history. The law will go into effect on or...more
A quick update to our earlier posts on New York State and New York City’s paid sick leave laws. The agency that enforces NYC’s paid sick and safe time law – the New York City Department of Consumer and Worker Protection –...more
This week, New York State issued guidance and an FAQ document regarding the State’s new paid sick leave law (“NYPSL”). As a reminder, New York State enacted statewide paid sick leave requirements for employers under Section...more
The New York State Paid Sick Leave Law’s accrual provisions go into effect today, September 30, 2020. In April, Governor Cuomo signed into law new permanent paid sick leave requirements for all New York State employers...more
10/1/2020
/ Amended Legislation ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Governor Cuomo ,
Infectious Diseases ,
Mayor de Blasio ,
New Legislation ,
Paid Sick Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
A New York State Trial Court judge recently ruled that an agreement between a company and an employee to arbitrate sexual harassment claims was unenforceable due to 2018 amendments to New York State’s Human Rights Law, which...more
New York State issued guidance on March 20th detailing answers to many frequently asked questions about the newly implemented COVID-19 quarantine leave law. We summarized the key components of the emergency law, which was...more
The arrival of the holiday season means that 2020 is just around the corner. In anticipation of the new year, employers should take time to review upcoming changes to the requirements of the New York Paid Family Leave Law...more
11/11/2019
/ Employee Benefits ,
Employee Contributions ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Guidance ,
NYDFS ,
NYDOL ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws ,
Wage and Hour
On Monday, Governor Cuomo signed into the law the last of four bills aimed at strengthening workplace protections for employees. In mid-July, the Governor signed pay equity, salary history disclosure and hair discrimination...more
Just days before concluding its legislative session, the New York Legislature enacted a law focusing on an employer’s acquisition and use of applicant and employee wage and salary history when making decisions regarding...more
6/28/2019
/ Anti-Retaliation Provisions ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Governor Cuomo ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
NYCHRL ,
Pay Equity Laws ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
The New York State Legislature has passed an amendment to New York’s Achieve Pay Equity Act (the “Act”), which will prohibit pay discrimination against any employee based on his or her membership in any class protected by the...more
6/28/2019
/ Amended Legislation ,
Department of Labor (DOL) ,
EEO-1 ,
Employer Liability Issues ,
Equal Pay Act ,
Governor Cuomo ,
Human Resources Professionals ,
NYSHRL ,
Pay Discrimination ,
Pay Equity Laws ,
Protected Class ,
State Labor Laws ,
Wage and Hour
It’s that time of year! New York State minimum wage rate and overtime exemption salary thresholds are set to increase. The changes go into effect on December 31, 2018 and are summarized below. We also take a moment to focus...more
The wait is over. The New York State Department of Labor (DOL) just released its final guidance with respect to New York State’s new anti-sexual harassment law. The release includes final templates for the model sexual...more
10/3/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
NYDOL ,
Policies and Procedures ,
Sexual Harassment ,
State Labor Laws ,
Zero Tolerance Policies
The New York State Department of Labor (DOL), in consultation with the New York State Division of Human Rights (DHR), has released drafts of its model sexual harassment prevention policy, complaint form, and harassment...more
8/28/2018
/ Anti-Harassment Policies ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
NYDOL ,
Policies and Procedures ,
Public Comment ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour