On January 20, 2021, New York State released supplemental guidance regarding the application of COVID-19 sick leave for all eligible employees. The supplemental guidance stipulates that employees may qualify for leave under the New York State COVID-19 Sick Leave law for up to three orders of quarantine or isolation and that the second and third orders must be based on positive COVID-19 tests.
On January 12, 2021, the Equal Employment Opportunity Commission announced that certain data collections that were delayed due to the COVID-19 pandemic will reopen in 2021. The 2019 and 2020 EEO-1 data collection for private sector employers has been scheduled for April 2021, with the other data collections slated for the following months.
On January 5, 2021, New York City Mayor Bill de Blasio signed into law two new local laws affecting fast food workers. Fast food employers have until July 2021 (when the laws take effect) to prepare for and implement the necessary changes to their practices and at-will employment policies.
The U.S. Department of Labor (DOL) published new FAQs on August 27, 2020, for employers about paid leave under the Families First Coronavirus Response Act (FFCRA) related to the re-opening of schools. The guidance describes eligibility for paid leave in response to the varied reopening formats and schedules announced by schools including blended in-person and remote learning.
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.
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).
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.
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).
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.
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.
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.
What rights do employees of tenants or other occupants of office buildings have to bring service animals and emotional support animals into New York City office buildings? What rules and restrictions can the owners of office buildings impose? What questions are building owners permitted to ask about the animal and its owner? Are there any limits on the types of animals that owners must permit in their building?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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."
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.
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.
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).
On January 19, 2016, The New York City Council added yet another piece of legislation to the raft of new municipal labor laws that have taken effect so far in 2016.
On December 30, 2015, Judge Ronnie Abrams of the United States District Court for the Southern District of New York, dismissed a class action seeking overtime pay for temporary attorneys, under contract with a staffing company, who performed document reviews for a law firm.
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.
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.
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.
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.
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.
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.
On October 2, 2013, departing New York City Mayor Michael Bloomberg signed a law amending the New York City Human Rights Law (NYCHRL) to add protections for pregnant employees. The new law, went into effect on January 30, 2014, requires that employers with four or more employees provide reasonable accommodations to an employee due to pregnancy, birth, or a related medical condition that is known or should be known by the employer.
As you may be aware, the February 1, 2014 deadline to comply with the annual notice requirement of the Wage Theft Prevention Act (WTPA) is approaching. To comply with this requirement, each employer in New York must provide their employees with a written notice on or before February 1, 2014 containing the following information:
On April 1, 2014, a new law will likely take effect that requires employers to provide sick time to all of their employees who work at least 80 hours per calendar year within New York City.
The United States Department of Labor has updated the forms that should be used, and the poster that should be displayed, in connection with the Family and Medical Leave Act.
In the aftermath of Hurricane Sandy many businesses have been and may continue to be disrupted. These developments raise questions for employers regarding how to properly pay employees when the amount of work is low or uncertain.
In April 2011, the New York State Labor Law was amended to impose new requirements on employers and to impose greater penalties for violations. There are three critical parts to the law: (i) Notices for new hires; (ii) Notices for existing employees; and (iii) New information required on paystubs. Employers must ensure that they provide the annual wage notice form to existing employees by February 1.
Effective November 14, 2011, employers covered by the National Labor Relations Act (“the Act”), the vast majority of businesses, will be required to post a notice in the workplace informing their employees of the rights and protections available to employees under the Act. This posting requirement comes to you from the National Labor Relations Board (“Board”).
Effective October 26, 2009, the New York State Labor Law has been amended to include new notice and written acknowledgment requirements for employers. Employers are required to provide written notice to newly hired employees, upon hiring, of their regular rate of pay and the regular pay day. Employers are also now required to provide notice of the applicable overtime rate to all newly hired employees who are eligible for overtime pay.
On October 19, 2021, New York State’s Department of Labor (NYSDOL) updated its initial guidance to employers – itself issued only days earlier – concerning the legalized use of cannabis and the workplace.
As previously reported, under the New York State Health and Essential Rights Act (HERO Act) (which was signed into law on May 5, 2021), the New York State Department of Labor (DOL), in cooperation with the New York State Department of Health, published The Airborne Infectious Disease Exposure Prevention Standard (Standard) on July 6, 2021.[1
The Occupational Safety and Health Administration (OSHA) is developing a rule requiring employers with 100 or more employees to ensure workers are fully vaccinated against COVID-19 or test negative for COVID-19 at least once a week before physically showing up to work.
On July 27, 2021, the Center for Disease Control and Prevention (CDC) updated its guidance When You’ve Been Fully Vaccinated given new evidence on the B.1.617.2 (Delta) variant.
On July 6, 2021, the New York State Department of Labor (DOL) published The Airborne Infectious Disease Exposure Prevention Standard (Standard). The Standard applies to most private employers, regardless of size, with worksites located in New York State.
On June 11, 2021, Governor Andrew M. Cuomo signed Senate Bill S6768 amending certain provisions of the New York Health and Essential Rights Act (Act), in the New York Labor Law, relating to preventing occupational exposure to an airborne infectious disease.
On March 12, 2021, Governor Cuomo signed legislation granting employees with paid time off to receive their COVID-19 vaccination.
On March 11, 2021, Governor Cuomo announced that domestic travelers will no longer be required to quarantine after entering New York State from another U.S. State or U.S Territory starting April 1, 2021 (unless they have been exposed to COVID-19).
On March 8, 2021, the Centers for Disease Control and Prevention (CDC) issued its first set of public health recommendations for fully vaccinated people: Interim Public Health Recommendations for Fully Vaccinated People.
Recognizing that many employee benefit plan participants and beneficiaries continue to struggle with ongoing challenges relating to the COVID-19 pandemic’s ongoing nature, the U.S. Department of Labor (DOL) recently issued guidance that continues relief for employee benefit plans.
On January 20, 2021, President Biden appointed Charlotte A. Burrows as Chair of the U.S. Equal Employment Opportunity Commission (EEOC).
On January 21, 2021, President Biden issued an executive order requiring the issuance of revised guidance to employers for workplace safety during the COVID-19 pandemic.
While the U.S. Equal Employment Opportunity Commission (EEOC) has not explicitly stated that mandatory vaccination policies are permissible, on December 16, 2020, it updated its Technical Assistance Publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws.”
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.
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.
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.
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.
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.
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.”
Litigation partner Rich Schoenstein authored an article for the New York Law Journal’s special Litigation report titled, "The Workforce Mobility Act: The Wrong Solution For Non-Compete 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.
Law360 published an article authored by Labor and Employment partner and co-chair of the Restrictive Covenant practice David Kleinmann titled, “Clearing Up Broker-Dealer Classification Questions in NY.” The article explores a recent decision by the New York State Department of Labor’s Unemployment Insurance Appeal Board that provides broker-dealers with greater clarity surrounding whether Financial Industry Regulatory Authority-registered representatives working in stockbroker positions are properly classified as independent contractors and whether sales mentorship and assistance programs can be conducted without creating an unintended employer-employee relationship.
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."
Business and Employment Litigation partner Richard Schoenstein and Labor partner and Restrictive Covenant practice co-chair David Kleinmann published an article, “Restrictive Covenants: Looking Beyond the Criticism,” for Law360.
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.
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.
Labor & Employment partner Richard Steer and associate Jonathan Hershberg co-authored a March 16 New York Law Journal article with David Mederrick, the president and CEO of Team Screening titled, "Employee Background Checks: The New Compliance Arena."
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.
A key employee just resigned, took a thumb-drive containing gigabytes of your company’s confidential information, and is now working for your competitor. Your customers are being solicited and key employees are receiving job offers enticing them to leave. What would you do? What could you have done?
In what may be the first decision of its kind, the National Labor Relations Board’s (NLRB) Regional Director in Baltimore determined on June 20, 2013 that a staffing firm’s temporary employees constituted an appropriate unit for collective bargaining and ordered an NLRB election to be held to determine whether the temporary employees wanted to unionize.
In the event that your payroll service provider has not alerted you to this important change in the law, please be aware of the following: The New York State Labor Law has been amended (as of April 9) to impose new requirements on employers and to impose greater penalties for violations. There are three critical parts to the law: (i) Notices for new hires; (ii) Notices for existing employees; and (iii) New information required on paystubs.
The day-to-day matters addressed by our labor and employment group often allow us to spot emerging trends before they become mainstream. One such issue involves claims brought byemployees who have been disciplined after engaging in “protected and concerted activities.”
One of the hottest developing areas in Employment Law is also one of the most dangerous for employers and those involved in setting employees’ terms and conditions of employment. While Professional Employer Organizations (PEO’S) that administer the payrollpractices of employers are particularly vulnerable, traditional staffi ng companies are also at risk of being accused of being a joint employer responsible for failure to properly pay overtime and minimum wages to employees.
A new law that takes effect on January 1, 2008 is designed to combat the growing problem of identity theft by restricting the use of social security numbers (“SSNs”). Whether the “New York Social Security Protection Law” (“SSPL”) law accomplishes its goal remains to be seen, but our immediate concern is to ensure that our clients are mindful of their new obligations.
As attorneys who routinely defend and counsel employers in connection with claims of sexual harassment and employment discrimination, we have seen it time and time again—a poor performer, on “thin ice” already, goes to management and claims to have been sexually harassed or discriminated against by a supervisor.