News & Analysis as of

New York Employer Liability Issues Labor Law Violations

Epstein Becker & Green

Second Circuit Provides Lifeline to Employers Facing WTPA Claims in Federal Court

Epstein Becker & Green on

In Guthrie v. Rainbow Fencing Inc., 113 F.4th 300 (2d Cir. 2024), the Second Circuit weighed in on a brewing dispute among New York district courts as to whether (and how) a plaintiff’s allegations may establish Article III...more

Venable LLP

Staying Compliant - Avoiding Wage Theft in New York

Venable LLP on

In October 2023, we wrote an alert detailing an amendment to New York's Penal Code that added wage theft as a means of committing criminal larceny. This amendment, along with the creation of a specialized Worker Protection...more

Polsinelli

New York to Consider Rolling Back Liquidated Damages for Pay Frequency Violations

Polsinelli on

New York Governor Kathy Hochul’s proposed budget for fiscal year 2025 includes proposed legislation that would amend New York Labor Law to make clear that liquidated damages are not available as a remedy for certain pay...more

Proskauer - Law and the Workplace

New York Appellate Division Says No Private Action for Violations of Weekly Pay Law, Creating Split in Precedent

In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of...more

Console and Associates, P.C.

More Employment Cases Were Filed in the Eastern District of New York than Almost Anywhere Else in the U.S.

Employers have a legal duty to ensure a safe, healthy workplace and to pay employees fairly for their work. This includes an obligation to treat employees fairly and respect their individual differences. When an employer’s...more

Fisher Phillips

A First of Its Kind: Manhattan D.A.’s “Worker Protection Unit” Raises Many Questions for Employers

Fisher Phillips on

Manhattan District Attorney Alvin Bragg Jr. recently announced a new prosecutorial branch tasked with investigating and prosecuting wage theft and other forms of worker harassment and exploitation throughout the borough. The...more

Littler

New York City D.A. Wants to Prosecute Wage Theft as a Crime

Littler on

On February 16, 2023, Manhattan District Attorney Alvin L. Bragg, Jr. announced that his office has partnered with the New York State Department of Labor and local law enforcement to create the “Worker Protection Unit” and...more

Littler

New York State Senate Poised to Pass Expansive Lien Law for Wage Claims

Littler on

The New York State Senate is poised to pass an employee-friendly bill that would amend New York’s lien law to enable employees to, upon filing a wage claim, obtain a temporary lien against their employer’s (or alleged...more

Epstein Becker & Green

Whistleblower Notice Released by New York State Department of Labor

Epstein Becker & Green on

As we previously reported, on January 26, 2022, amendments to New York’s whistleblower law took effect that significantly expand the scope and coverage of whistleblower rights and protections for workers who allege they have...more

Littler

New York Dramatically Expands Whistleblower Rights

Littler on

New York has historically been known as a bedrock of employment-at-will.  Its legislature and courts were long resistant to permitting exceptions to this doctrine, such as by recognizing public policy “wrongful dismissal”...more

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