- 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.
