News

• Thirty-two Tarter Krinsky & Drogin Lawyers Named to 2020 Super Lawyers and Rising Stars Lists
  

  Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2020 New York Metro Super Lawyers and Rising Stars lists, an increase from 2019. Last year, twenty-three firm lawyers were ranked as Super Lawyers and seven were ranked on the Rising Stars list, and this year, twenty-eight firm lawyers were ranked as Super Lawyers and four were ranked as Rising Stars.

• Laurent Drogin Quoted in ENR Article on SCOTUS LGBTQ Anti-Bias Workplace Case
  

  Labor and Employment chair Laurent Drogin was quoted in the ENR article, “High Court Takes on LGBTQ Anti-Bias Gaps in US Law.” The article delves into the three consolidated sexual orientation and gender identity workplace bias cases that the U.S. Supreme Court will decide in the new term. These cases will determine banning explicit discrimination against LGBTQ employees in the workplace by adding gender identity and sexual orientation to sex bias already banned under Title VII of the 1964 Civil Rights Act. This decision may include changing federal law and extending protections nationwide.

• Laurent Drogin Quoted in CNN Business Article on Non-Compete Agreements
  

  Labor and Employment chair Laurent Drogin was quoted in the CNN Business article, “What to do if you're asked to sign a non-compete agreement,” which discusses non-compete agreements and how they may affect employees across sectors.

• Law Brief Podcast: Laurent Drogin and Rich Schoenstein Talk “Deflating the Union Rat”
  

  In a recent episode of Law Brief, Tarter Krinsky & Drogin’s new podcast series, Labor and Employment chair Laurent Drogin joins Litigation partner and host Rich Schoenstein to talk about Deflating the Union Rat. Laurent and Rich discuss “Scabby” the Union Rat, the use of such protests by unions over the past 30 years and the current implications on labor disputes, picketing and the First Amendment.

• Tarter Krinsky & Drogin Launches New Podcast Series on Current Issues in the Law
  

  Tarter Krinsky & Drogin is pleased to announce the launch of a podcast that will cover cutting-edge and ever-changing legal issues and how they affect our businesses in a practical way. The podcast, called “Law Brief,” is hosted by Litigation partner Rich Schoenstein, and features other Tarter Krinsky & Drogin lawyers who will highlight current issues in their practice areas.

  Law Brief provides short discussions of current legal issues of interest, designed for non-experts on the go. The conversations are informal but informative, short but deep, and intended to expose all sides of the issues.

• What Employers Need to Know About New York State Sexual Harassment Training – Completion Date October 9, 2019
  

  As reported in New York State Division of Human Rights Releases Drafts of Long-Awaited Sexual Harassment Training Requirements, Policy and Complaint Form and The Other Shoe Drops: New York City Commission on Human Rights Publishes FAQs on Sexual Harassment Training, employers must provide sexual harassment training to all of their employees. The deadline for training is October 9, 2019.

• Thirty-Two Tarter Krinsky & Drogin Lawyers Named to 2019 Super Lawyers and Rising Stars Lists
  

  Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2019 New York Super Lawyers and Rising Stars lists, a rise in Tarter Krinsky & Drogin attorneys awarded as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations and peer evaluations.

• Laurent Drogin Quoted in SHRM Article on the Importance of Updating HR Policies and Practices for 2019
  

  Labor and Employment chair Laurent Drogin was featured in a Society for Human Resource Management (SHRM) online article, "New York City Employers: Update Your Policies and Practices for 2019.” He encourages employers to do a comprehensive review of employee manuals and onboarding materials as they head into the new year, and go back and take a look at what 2018 changes they might have missed.

• Thirty Tarter Krinsky & Drogin Lawyers Named to 2018 Super Lawyers and Rising Stars Lists
  

  Thirty lawyers from Tarter Krinsky & Drogin have been named to the 2018 New York Super Lawyers and Rising Stars lists as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations and peer evaluations.

• Laurent Drogin Featured in SHRM Article on Employers’ Use of Noncompete Agreements
  

  Labor and Employment chair Laurent Drogin was featured in a Society for Human Resource Management (SHRM) online article, “Employers Should Carefully Craft Noncompetes.” In the article, Laurent discussed noncompete agreements and restrictive covenants, and what employers should take into account when drafting agreements.

• Laurent Drogin Quoted on Risks and Benefits of Guns in the Workplace
  

  Labor and Employment chair Laurent Drogin was quoted in a Society for Human Resource Management (SHRM) online article, “Should Managers Be Armed in the Workplace?” 

• Laurent Drogin Quoted on Sexual Harassment and Local Employment Laws for Bloomberg Law
  

  Labor and Employment chair Laurent Drogin was quoted in “Outlook 2018: The Top Five Workplace Issues to Watch” for Bloomberg Law. The article provides information on five issues HR professionals will likely be watching in 2018.

• Laurent Drogin Quoted on Wage Settlements in Bloomberg Law
  

  Labor and Employment chair Laurent Drogin was quoted in “Scrutiny of Wage Settlements Reshapes Litigation Strategy” for Bloomberg Law. In the article, Laurent addressed greater scrutiny by courts when parties reach a settlement in Fair Labor Standards Act cases.

• Laurent Drogin Quoted in Washington Post on Companies Taking Fast Action in Terminating Employees Over Sexual Misconduct Accusations
  

  Labor & Employment chair Laurent Drogin was recently quoted in an Associated Press article, which was featured in the Washington Post, among other media outlets. In the article, Laurent addressed why companies are taking fast, decisive action against employees, no matter how "high profile" or important to an organization they may be, when accusations related to sexual misconduct are made.

• 28 Tarter Krinsky & Drogin Lawyers Named to 2017 New York Super Lawyers and Rising Stars Lists
  

  This year, 28 lawyers from Tarter Krinsky & Drogin have been named to the 2017 New York Super Lawyers and Rising Stars lists as top lawyers in the state. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Attorneys are selected through a process that includes independent research, peer nominations and peer evaluations.

  Four Tarter Krinsky & Drogin attorneys were ranked on the Rising Stars list, which recognizes the top 2.5 percent of lawyers who either are under the age of 40 or have been in practice for 10 years or less.

• Laurent Drogin Quoted on Hiring Policies Favoring “Good-Looking” People Based on Recent NBC Lawsuit in the Headlines
  

  TKD Labor & Employment chair Laurent Drogin was quoted in a Society for Human Resource Management (SHRM) online article about a recent lawsuit where a former NBC employee alleges that NBC’s hiring policies favor “good-looking” people.

• Laurent Drogin Quoted on the Implications of New York’s Newly Passed Freelance Isn't Free Act
  

  Labor & Employment chair Laurent Drogin was quoted in an August 4 WorldatWork.com article, "Contract Worker, Freelancer or Employee? New York's Recent Law Adds Confusion.” In the article, Laurent comments on the implications of the Freelance Isn't Free Act (FIFA), which was recently passed in New York, noting that “this law has the potential to be a fiasco…It doesn't define a freelancer in any way to allow an employer to determine if they're classified as an independent contractor or employee."

• Laurent Drogin Appears on You’re Hired Radio Show to Discuss Salary Secrecy Laws in New York City, Massachusetts and Philadelphia
  

  On April 30, Labor and Employment chair Laurent Drogin was a featured guest on Lorne Epstein’s You’re Hired radio show where he discussed the salary secrecy laws in New York City, Massachusetts and Philadelphia.

• HR.com Features Article by Laurent Drogin on Legislation Prohibiting NYC Employers From Inquiring About Salary History
  

  An article by Labor & Employment chair Laurent Drogin on the New York City Council’s recent legislation to prohibit NYC employers to inquire about applicants’ salary history in an effort to close the “gender gap” on wages was featured on HR.com.

• Laurent Drogin Quoted in Human Resource Executive Article on the National Labor Relations Board Decision in Employee Handbook Case
  

  Commentary by Labor & Employment chair Laurent Drogin was featured in a Human Resource Executive article on the National Labor Relations Board’s ruling on a case centered on the way Verizon Wireless maintained numerous handbook rules that were too restrictive on employee communications and behavior.

• Super Lawyers 2016 Recognizes 25 Tarter Krinsky & Drogin Lawyers
  

  New York Metro Super Lawyers has named 21 Tarter Krinsky & Drogin lawyers in 10 practices to its 2016 list.

• Laurent Drogin Quoted in San Francisco Business Times on New Overtime Rules
  

  Laurent Drogin was quoted in “How Employers Can Deal with Court Decision on New Overtime Rules” published by the San Francisco Business Times.

• Laurent Drogin Quoted in Women’s Wear Daily on Overtime Eligibility
  

  Laurent Drogin was quoted in “Retail Industry Sees New Overtime Rule Upping Costs” for Women’s Wear Daily.

• Doing Business in New York: Key Employment Law Changes in 2016
  

  2016 ushered in a flurry of changes to the employment laws of both New York State and New York City, as legislators in both jurisdictions passed a slew of new laws to better protect employees and, in most cases, place new restrictions and responsibilities on employers.

• Appellate Court Dismisses Employment Discrimination Claim in Unanimous Decision
  

  A unanimous panel of the Appellate Division, First Department, overruled a trial court judge and dismissed race-bsed discriminatory discharge and retaliation claims in favor of our client. Labor and Employment attorneys Richard L. Steer, Laurent S. Drogin and Tara Toevs Carolan represented the employer.

• Tarter Krinsky & Drogin Attorneys Recognized in 2015 New York Super Lawyers
  

  The 2015 New York Super Lawyers recognized 22 of Tarter Krinsky & Drogin’s attorneys.

• Alert: Employers No Longer Required To Give Annual Pay Notices By February 1
  

  On December 29 Governor Cuomo signed a bill amending the New York Wage Theft Prevention Act ("WTPA”). Most significantly, it removes the requirement that employers provide all employees with an annual wage notice by February 1 of each calendar year.

• Alert: Minimum Wage Changes for 2015
  

  New York employers are reminded that the hourly minimum wage and wage credits, as well as the minimum weekly salary required for employees to quality for the professional, executive and administrative exemptions are increasing effective December 31, 2014.

• Alert: A Simple Solution to NYC Earned Sick Time Act Compliance
  

  There has been an important development regarding the NYC Earned Sick Time Act (“ESTA”). This is the law that now requires most employers to provide up to 40 hours of annual paid sick time to their employees.

• Firm Achieves Victory in Restrictive Covenant Case
  

  We successfully defended our client, an insurance brokerage firm, in a restrictive covenant suit against an employee who solicited former clients after leaving the company.

• Firm Successfully Defends Residential Building Owners
  

  We represented the owners of a residential apartment building in a lawsuit brought by the building’s superintendent. 

• Client Prevails In Local 32BJ Election, Impressive Win For Management
  

  Tarter Krinsky & Drogin's client owns and manages a residential apartment building in Brooklyn. Apparently dissatisfied with their existing labor union, the building service employees sought representation from Local 32-BJ, SEIU, AFL-CIO.

Events

• Laurent Drogin and David Kleinmann to Present ACC Program on the Work From Home Plaintiff: Anticipating Claims and Advancing Best Strategies
  

  On October 27, Labor & Employment chair Laurent Drogin and Partner David Kleinmann, along with Nature’s Bounty Legal Counsel Katherine Marques will co-present a CLE webinar program for the Association of Corporate Counsel (ACC). Over the past several years, Tarter Krinsky & Drogin, accompanied by general counsel guest speakers, has presented several ACC CLE presentations on an array of topics in the labor and employment field.

• Laurent Drogin and David Kleinmann to Present ACC Program on 2020 Foresight: Labor & Employment Law in the New Decade
  

  On October 22, Labor & Employment chair Laurent Drogin and partner David Kleinmann will once again co-present a breakfast CLE program for the Association of Corporate Counsel (ACC) in New York City. This program titled, "2020 Foresight: Labor & Employment Law in the New Decade," will identify and discuss emerging trends and topical issues in labor and employment law that can and should be anticipated in the upcoming decade. 

• Laurent Drogin and David Kleinmann to Present Association of Corporate Counsel (ACC) CLE Program on Demand Letters: When to Run, When to Hide and When to Fight
  

  On May 2, Labor & Employment chair Laurent Drogin and partner David Kleinmann will once again co-present a breakfast CLE program for the Association of Corporate Counsel (ACC) in New York City. Over the past several years, Tarter Krinsky & Drogin, accompanied by general counsel guest speakers, has presented several ACC CLE presentations on an array of topics in the labor and employment field. In this installment, Laurent and David, who will be joined by an in-house panelist, will discuss, “Demand Letters: When to Run, When to Hide and When to Fight.”

• Laurent Drogin and David Kleinmann to Present Two Association of Corporate Counsel CLE Programs in 2019 on Timely Labor and Employment Issues Facing In-House Counsel
  

  Over the past several years, Tarter Krinsky & Drogin, along with general counsel guest speakers, has presented several Association of Corporate Counsel (ACC) CLE presentations on an array of topics in the labor and employment field to its in-house counsel members. We are proud to once again partner with the ACC to provide two CLE programs in 2019. The programs will explore timely and topical labor and employment issues facing in-house counsel today.

• Laurent Drogin to Speak on the Impact of the #MeToo Movement on the Staffing Industry
  

  On October 9, Labor & Employment Chair Laurent Drogin will be a featured speaker at the New York Staffing Association’s 2018 Law Day Conference. Laurent will participate in a panel on "The Impact of the #MeToo Movement on the Staffing Industry,” and will cover how to train your internal and temporary employees, how to handle the complaint (both internal and external), how to avoid retaliation and third-party harassment in the wake of newly approved legislation in 2018 in both New York State and New York City that that mandates employers provide employees with annual sexual harassment training taking effect on October 9.

• Laurent Drogin and David Kleinmann to Present Association of Corporate Counsel (ACC) CLE Program on the Top Labor and Employment Issues on the Minds of In-House Counsel Today
  

  Over the past several years, Tarter Krinsky & Drogin, accompanied by esteemed general counsel, has presented several ACC CLE presentations on an array of topics in the labor and employment field. In many of the participant responses, we received detailed feedback on what the attendees "wished” we had covered. After reviewing those response forms, we culled from them both individualized questions and discrete topics that, by definition, have been "front of mind” for corporate counsel. "You Asked, We Answered” is literally that – a program completely focused on what attendees want to know more about.

• Laurent Drogin and David Kleinmann to Present Association of Corporate Counsel (ACC) CLE Program on Real-World Complex Employment Issues Facing Employers Today
  

  On May 15, Tarter Krinsky & Drogin Labor & Employment Chair Laurent Drogin and partner David Kleinmann will co-present a breakfast CLE program for the Association of Corporate Counsel (ACC). The program, titled, "You Make the Call,” is designed to provide attendees with real-world examples of complex, evolving employment issues and discuss the practical application of labor and employment law.

• Laurent Drogin and David Kleinmann to Present NYC Association of Corporate Counsel CLE Program on The Nightmare Employee: Understanding, Managing and Successfully Exiting the Problem Employee
  

  On September 12, Labor & Employment co-chair Laurent Drogin and partner David Kleinmann will co-present a breakfast CLE program on "The Nightmare Employee: Understanding, Managing and Successfully Exiting the Problem Employee” for the Association of Corporate Counsel (ACC).

• Laurent Drogin and David Kleinmann to Present NYC Association of Corporate Counsel Program on Proactive Planning and Reactive Responses When Key Employees Join the Competition
  

  On June 15, Labor & Employment co-chair Laurent Drogin and partner David Kleinmann will present a program titled, “Proactive Planning and Reactive Responses When Key Employees Join the Competition” for the Association of Corporate Counsel (ACC)’s New York City Chapter full-day CLE for in-house counsel. Laurent and David’s session will educate New York employers on how they can protect themselves in this era of employee and information mobility by providing proactive strategies and reactive responses to some of the most important issues facing companies today.

• Laurent Drogin and David Kleinmann to Present Association of Corporate Counsel Seminar on Navigating the Employment Law Minefield
  

  On April 20, Labor & Employment co-chair Laurent Drogin and partner David Kleinmann will co-present a breakfast CLE program on “Navigating the Employment Law Minefield: Avoiding Mistakes That Will Keep You Awake” for the Association of Corporate Counsel (ACC). The program will address common employment law mistakes and how to avoid or remedy them. 

• Laurent Drogin and David Kleinmann to Present Employee Mobility and Restrictive Covenants in New York
  

  Laurent Drogin and David Kleinmann will present the Lawline webinar “Employee Mobility and Restrictive Covenants in New York” on February 5, 2015.

• Laurent Drogin Speaks at Hofstra Law Employee Mobility Program on Restrictive Covenants
  

  Partner, Laurent Drogin spoke at the Hofstra Law Employee Mobility CLE program.

• Written Performance Evaluations: Best Practices and Avoiding Legal Pitfalls
  

  This program addressed the problems that can result from an incomplete or inconsistent evaluation, particularly if an evaluation becomes part of the record in an employment dispute.

• Current Labor and Employment Issues Facing Managing Agents
  
• Understanding and Strategic Avoidance of Clients' Wage and Hour Law Exposures
  

  This program is designed for accountants to help them understand key aspects of the wage and hour laws, how to identify their clients’ wage and hour issues, and what to do when these issues arise.

• Our Top 10 Legal Alerts from 2020
  

  As we start a new year, we would like to share with you some of our most popular legal alerts from 2020. Our top alerts range from bankruptcy, construction, COVID-19, labor & employment, immigration, trusts & estates, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been helpful to you and your colleagues, and demonstrate our commitment to providing important information to you.

• TIME SENSITIVE: New York State Publishes New Wage Notice Template for Immediate Use
  

  Just in the nick of time, the New York State Department of Labor (NYDOL) released the new wage notice template to be used for employers subject to Home Care Worker Wage Parity. Employers must begin using the new wage notice (labeled the LS 62) beginning today, October 1, 2020. The LS 62 is available on the NYDOL website, linked here.

• COVID-19 Reopening Safety Plans and Updating Employee Policies
  

  The COVID-19 global pandemic has created additional health and safety considerations for employers, who as it is, already have a general duty to provide a safe working environment.

  As businesses and employers prioritize the health, safety, and well-being of their employees and workers, their families, and the wider community, through updating and maintaining their required written Reopening Safety Plans, they are also focusing on disseminating written COVID-19-related workplace policies.

• ACT NOW. New Prevailing Wage Notification Requirements Are in Effect!
  

  Does your company perform “prevailing wage” work? If so, you now have additional obligations under New York’s Wage Theft Prevention Act (WTPA), which was amended by Governor Andrew Cuomo’s signing of the 2020-2021 state budget. Examples of prevailing wage work include non-union positions in construction or building service jobs.

• Labor Law Amendments Mean New Wage Notices and Wage Statements for All Who Are Subject to Wage Parity
  

  While everyone’s attention was fixed on COVID-19 and the surrounding chaos, New York State Governor Andrew Cuomo signed the state budget for fiscal year 2020-2021, ushering in several new labor laws and amendments. Some of these such amendments concern the Home Health Care Worker Wage Parity Law (Wage Parity Law) and New York’s Wage Theft Prevention Act (WTPA).

• REMINDER: New York Employers Should Use This Form When Terminating/Furloughing Employees OR Reducing Length of Workweek!
  

  Employers in New York State must provide any employee whose employment is ending (either permanently or until recalled) or who will be working less than four days per week and earning less than $504 with the following information: New York State Employer Registration Number, Federal Employer Identification Number (FEIN), Employer Name, and Employer Address.

• New York State Voting Leave Amended Again
  

  One year ago, voting leave in New York was expanded to provide three hours of paid voting leave to all employees, regardless of whether they had time outside of work to go to the polls. But this expanded leave was short-lived. As of April 3, 2020, Section 3-110 of the New York State Election Law detailing the time allowed for employees to vote has been amended to closely resemble its previous iteration. The amendments were announced as part of New York State Governor Andrew Cuomo's 2020-2021 state budget.

• COVID-19 Update: Guidance and Forms
  

  Guidance and forms are now available for employers to use in documenting leave requests and complying with requirements under the new federal and state COVID-19 leave laws.

• New York Paid Leave and Job Protection for COVID-19 Quarantine or Isolation Order
  

  On March 18, 2020, New York State adopted new legislation providing employees subject to the Coronavirus (COVID-19) quarantine or isolation order with immediate sick leave, disability benefits and paid family leave. These benefits apply to employees who cannot work (including an inability to work remotely).

• U.S. Federal Government Announces New Emergency Paid Sick Leave Act and Modifies Family and Medical Leave Act
  

  On March 18, the President signed the Families First Coronavirus Response Act. Among other emergency aid initiatives, the Act mandates paid sick leave as well as amends the Family and Medical Leave Act (FMLA) to provide job-protected leave for employees impacted by COVID-19. Outlined below are key provisions.

• Non-Essential Businesses Must Convert 75% of Workforce to Remote Working Arrangements by March 20
  

  New York State Governor Andrew Cuomo announced that his Executive Order 202.6 requiring non-essential businesses to keep 50% of their workforce offsite has been updated to increase that number to 75%. This means that if your business is deemed non-essential, you may only have 25% of your workforce working in the office or "onsite" starting Friday, March 20.

• Our Top 10 Legal Alerts from 2019
  

  As we start a new year, we would like to share with you some of our most popular legal alerts from 2019.

  Our top-read alerts range from construction, labor & employment, tax, immigration, trusts & estates, cooperatives & condominiums, real estate, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

• Laurent Drogin and David Kleinmann Author Association of Corporate Counsel Article on Restrictive Covenants – Choosing Between New Jersey and New York Law for Multi-State Employers
  

  Labor and Employment chair Laurent Drogin and partner David Kleinmann authored an article featured in the Association of Corporate Counsel’s summer 2019 newsletter titled, “Restrictive Covenants – Choosing Between New Jersey and New York Law for Multi-State Employers.” In the article, Laurent and David discuss restrictive covenants for employers with employees in both New York and New Jersey.

• Tarter Krinsky & Drogin’s Top 10 Legal Alerts from the First Half of 2019
  

  As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019.

  Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

• Employers of Home Health Aides Can Sleep Easy Tonight – the “13-Hour Rule” Has Been Upheld!
  

  Home health aides are often hired through a health care agency to work 24-hours shifts caring for elderly or infirm family members. But what about the law requiring employers to pay overtime where an employee works more than 40-hours in a workweek? The New York State Department of Labor's (DOL) "13-hour rule" has been standard in the home health care industry since at least March 2010, when the DOL issued an opinion letter on this issue. The DOL opined that home health aides working 24-hour "live-in" or "sleep-in" shifts need only be paid for 13 working hours as long as they receive three hours for meals and an eight-hour sleep period, five hours of which must be uninterrupted, during each shift.

• Are Some Salaried Employees Earning $100,000+ per Year Entitled to Overtime? "Yes," Says the U.S. Department of Labor
  

  The U.S. Department of Labor (DOL) has just proposed new overtime rules to replace those that were presented during the Obama administration, but frozen by the courts after the 2016 election. Since this new story broke, much has been written about it in the media. But most reports have buried the lead.

• They're Out! New York Department of Labor Tosses Proposed "Call-In Pay" Regulations Following Public Outcry
  

  New York employers have one less administrative headache to deal with - at least, for now. The New York State Department of Labor (DOL) has announced that, as of March 1, 2019, it will not implement proposed regulations concerning "call-in," "just-in-time" or "on-call" scheduling requirements - more commonly known as the "predictive scheduling regulations" - that would have affected most employers throughout the state.

• Our Top 10 Legal Alerts from 2018
  

  As we start a new year, we would like to share with you some of our most popular legal alerts from 2018. Our top-read alerts range from construction, corporate and securities, labor and employment, tax and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

• The Other Shoe Drops: New York City Commission on Human Rights Publishes FAQs on Sexual Harassment Training
  

  Under New York City's recently enacted Stop Sexual Harassment in New York City Act (NYC Local Law 96 (2018)), employers in New York City with 15 or more employees at any point in the previous calendar year must provide all employees and eligible independent contractors with sexual harassment training. The New York City Commission on Human Rights (CCHR) has just released FAQs that expound on these training requirements.

• Laurent Drogin Authors Article for ACC Fall 2018 Newsletter on Creating Compelling Restrictive Covenants
  

  Labor & Employment chair Laurent Drogin wrote an article that was featured in the Association of Corporate Counsel (ACC) Fall 2018 New York City chapter newsletter titled, "Your Color-Coded Crib-Sheet to Creating Compelling Restrictive Covenants.”

• Deadline Extension: New York State Sexual Harassment Training Completion Date Now October 9, 2019
  

  As reported in our recent client alert, employers must provide sexual harassment training to all of their employees. The deadline for training, which had been January 1, 2019, has been moved back to October 9, 2019.

• New York State Division of Human Rights Releases Drafts of Long-Awaited Sexual Harassment Training Requirements, Policy and Complaint Form
  

  As reported in our recent client alert, Employer Action Required: New Posting Requirements in NYC for Anti-Sexual Harassment Act, the New York Human Rights Law will require all New York employers to provide all employees with a sexual harassment policy by October 9, 2018. Under the New York Labor Law, such policy must also include a complaint form.

• Employer Action Required: New Posting Requirements in NYC for Anti-Sexual Harassment Act
  

  The New York City Commission on Human Rights (NYCCHR) has just published the anti-sexual harassment notice and fact sheet that employers are required to implement by September 6, 2018. As a reminder, these requirements are part of the new "Stop Sexual Harassment in NYC Act," a legislative package aimed at combatting workplace sexual harassment. Here's what NYC employers need to know about it.

• Work Scheduling Rules Just Got More Complicated for Employers in NYC
  

  Int. 1399-A, titled, "Temporary Changes to Work Schedules for Personal Events and Protections from Retaliation for Making Schedule Change Requests,” amended New York City’s Fair Workweek Law to allow employees to request temporary changes to their schedules for personal events without fear of retaliation. The amendment is effective as of July 18, 2018, or upon expiration of an existing collective bargaining agreement. Here's what employers need to know about the new scheduling rules.

• New Jersey Employers: Are Your Independent Contractors Properly Classified? It's Time to Make Sure.
  

  On May 3, 2018, Governor Phil Murphy signed Executive Order No. 25, establishing a Task Force on Employee Misclassification. The Task Force, which must meet, organize and commence work as soon as possible, was created to address New Jersey employers' misclassification of employees as independent contractors.

• New Jersey Employers Must Take Immediate Action in Anticipation of the State's New Equal Pay Law
  

  During the past few months, New Jersey has taken several leaps forward in the realm of labor and employment law, arguably solidifying its spot amongst the leaders in the recent push for increased employee protections. Perhaps the most significant of these moves was Governor Phil Murphy's enactment of the Diane B. Allen Equal Pay Act on April 24, 2018, to go into effect on July 1, 2018.

• Employer Action Required: Revised Notice of Employee Rights for NYC's Earned Safe and Sick Time Act
  

  As we discussed in a previous alert, New York City's updated Earned Safe and Sick Time Act, which revised New York City's existing paid sick leave law to include coverage for "safe" leave, took effect on May 5, 2018.

• Reminder About Important Changes to NYC Earned Sick Time Law Effective May 5
  

  Beginning on May 5, 2018, all employees eligible for paid sick time in New York City will also be able to use such paid time off for "safe" time under the renamed Earned Safe and Sick Time Act (the Act). Employees do not earn more paid time off. The Act simply expands the situations for which employees can use their earned time. Safe time may now be used to address the health, safety and financial repercussions that employees or their family members may face due to family offenses, sexual offenses, stalking or human trafficking.

• Laurent Drogin, David Kleinmann and Rich Schoenstein Author Article on the Enforcement of New York Non-Compete Agreements
  

  Non-compete agreements generally are disfavored in New York, but courts will enforce them if they are reasonable in time, geographic scope and are intended to protect a company's "legitimate protectable interest(s)" as opposed to being simply anti-competitive. One question that has never been clearly answered is whether an employer's termination of an employee "without cause" will render a non-compete agreement unenforceable. In this article, Labor & Employment Chair Laurent Drogin and partner David Kleinmann, who are the co-chairs of the firm’s Restrictive Covenant practice, and Litigation partner Rich Schoenstein explore a significant decision handed down by the appellate court covering Manhattan and the Bronx impacting the enforcement of restrictive covenants.

• Sexual Harassment: Recent Amendments Create Significant New Requirements For New York Employers
  

  On April 11 and 12, 2018, the landscape surrounding sexual harassment claims was rewritten by major amendments to applicable New York State and New York City law. Many of the measures mirror legislation that has been introduced in other states and cities as part of a nationwide push in response to the #MeToo movement and the subsequent increased dialogue around workplace sexual harassment. New York is at or near the forefront of this movement, and employers need to take action to remain compliant with their new legal obligations.

• Construction Industry Double-Breasting: Recent Developments and Lessons Learned
  

  Here is an update to our prior client alert titled, "Construction Industry Double-Breasting: Recent Trends and Best Practices," which now includes additional information about a recent court decision impacting employers in the construction field.

• What the Earned Safe and Sick Time Act Means for New York Employers
  

  On November 6, 2017, New York City Mayor Bill de Blasio signed into law an amendment to the NYC Earned Sick Time Act, expanding coverage to New York City workers to now include paid "safe time."

• Laurent Drogin Publishes Article for the Association of Corporate Counsel (ACC) on Developments in the Settlement of Wage & Hour Litigation
  

  Labor & Employment Chair Laurent Drogin published an article for the Association of Corporate Counsel’s (ACC) New York City fall newsletter titled, “Unsettling Developments in the Settlement of Wage & Hour Litigations.” In the article, Laurent notes that in recent years, corporate counsel have been dealing with a massive increase in wage and hour issues, often in the form of a lawsuit, a Department of Labor investigation or an in-house compliance audit. He notes that the vast majority of lawsuits settle before trial, and from a company’s perspective, early resolution limits legal expenses, business distraction and, of course, liability. 

• Unsettling Developments in the Settlement of Wage & Hour Litigations
  

  It is widely understood that the vast majority of lawsuits settle before trial. From a company’s perspective, early resolution ensures certainty and limits legal expense, business distraction and – of course – liability. In recent years, corporate counsel have been dealing with a massive increase in wage and hour issues, often in the form of a lawsuit, Department of Labor investigation or an in-house compliance audit. Any attorney who has experienced a wage and hour issue learns quickly that these are thorny matters.

• Laurent Drogin Writes New York Law Journal Op-Ed in Response to Article on the Gig Economy
  

  An op-ed written by Labor & Employment chair Laurent Drogin was featured in the New York Law Journal. The op-ed was in response to Wendy Lazar’s May 1, 2017 NYLJ article, “The Gig Economy: A Threat to Basic Employment Rights."

• Sexual Orientation Discrimination: One Step Closer to Protection by Federal Law
  

  On April 4, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana and Wisconsin) became the first federal appellate court to recognize sexual orientation as being protected by Title VII of the Civil Rights Act of 1964.

• Article by Laurent Drogin on New York City’s New Law Prohibiting Employers From Inquiring About Applicants’ Salary History Featured in ERE
  

  ERE Recruiting Intelligence featured an article by Labor & Employment chair Laurent Drogin that explores New York City’s new law that prohibits employers from inquiring about the salary of applicants.

• A First Look at New York City's New Law Prohibiting Employers From Inquiring About the Salary History of Applicants
  

  In its latest effort to close the "gender gap" on wages, the New York City Council has enacted legislation (effective in 180 days) prohibiting employers from inquiring about a job applicant's "salary history."

• Laurent Drogin Publishes Law360 Article About How a Tweet With No Words Could Impact New York Labor Law
  

  Labor & Employment partner and chair Laurent Drogin authored a Law360 article titled, How A Tweet With No Words Could Impact NY Labor Law.” The article explores the implications of the firing of former New York Post sportswriter Bart Hubbuch, who sued his former employer and alleged that his termination was due to a tweet in which he compared President Donald Trump’s inauguration to tragic dates in American history.

• Game-Changer on Enforcement of New York Non-Compete Agreements
  

  In a recent decision in Buchanan Capital Markets LLC v. DeLucca, an appellate court in Manhattan placed the enforceability of non-compete agreements in jeopardy for New York employers.

• Department of Labor’s Appeal of Overtime Exemption Injunction Likely Weakens Under New Secretary of Labor
  

  On November 23, we reported that a federal judge in Texas had issued an injunction blocking implementation of the long-awaited new Fair Labor Standards Act exemption regulations.

• Update on Potential Changes to the Fair Labor Standards Act
  

  The much publicized changes to the Fair Labor Standards Act have been enjoined by a federal court judge in Texas and may never take effect.

• Construction Industry Double-Breasting: Recent Trends and Best Practices
  

  The days of unions having a firm, if not solitary, hold on construction in New York City have begun to wane.

• New Federal Overtime Rule is a Boon to Employees, a Potential Minefield For Their Employers
  

  The U.S. Department of Labor (DOL) announced on May 18 its final, long-awaited revisions of the rules that govern the salary cutoff for the "white collar" overtime exemption under the Fair Labor Standards Act (FLSA).

• Defend Trade Secrets Act Signed Into Law
  

  On May 11, President Obama signed the Defend Trade Secrets Act (DTSA) into law.

• Doing Business in New York: Key Employment Law Changes in 2016
  

  2016 ushered in a flurry of changes to the employment laws of both New York State and New York City, as legislators in both jurisdictions passed a slew of new laws to better protect employees and, in most cases, place new restrictions and responsibilities on employers.

• Proposed Change to FLSA Regulations Would Make Exempt Status More Expensive
  

  On July 6, 2015, the United States Department of Labor (DOL) published its highly-anticipated proposed rules that would require the payment of overtime to certain employees who currently have no entitlement to overtime.

• Amendment To New York City Human Rights Law Bans Employers From Using Credit Information
  

  On May 7, 2015, New York City Mayor Bill de Blasio signed a law that prohibits businesses from taking any employment-related action against an individual based on credit information. The law takes effect on September 7, 2015 but preparations should begin now.

• New York City Council Passes the "Fair Chance Act" Establishing New Process for Inquiring into and Considering Job Applicants' Criminal History
  

  On June 10, 2015, the New York City Council passed the Fair Chance Act ("FCA"). It seems certain to be signed into law by Mayor Bill de Blasio in the coming weeks.

• Employers No Longer Required To Give Annual Pay Notices By February 1
  

  On December 29 Governor Cuomo signed a bill amending the New York Wage Theft Prevention Act ("WTPA”). Most significantly, it removes the requirement that employers provide all employees with an annual wage notice by February 1 of each calendar year.

• Minimum Wage Changes for 2015
  

  New York employers are reminded that the hourly minimum wage and wage credits, as well as the minimum weekly salary required for employees to quality for the professional, executive and administrative exemptions are increasing effective December 31, 2014.

• A Simple Solution to NYC Earned Sick Time Act Compliance – New FAQ spells relief
  

  There has been an important development regarding the NYC Earned Sick Time Act (“ESTA”). This is the law that now requires most employers to provide up to 40 hours of annual paid sick time to their employees.