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The Impact of New York’s Legalization of Recreational Marijuana Use on State Labor Laws

April 15, 2021
On March 31, 2021, New York Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act (the "Act") into law. The law makes New York the 15th state to legalize recreational marijuana. The Act itself puts forth a sweeping regulatory scheme and establishes the Office of Cannabis Management ("OCM") to implement and enforce the Act's provisions. The Act Read More »

New York Paid Sick Leave Legislation

September 14, 2020
Following New York's enactment of temporary COVID-19 emergency paid sick leave benefits in March, New York enacted permanent paid sick leave legislation on April 3, 2020. Governor Cuomo signed the State Budget (Senate Bill S7506B) into law, which includes a provision that amends the New York Labor Law to require employers to provide paid sick Read More »

Coronavirus: Employment Legal Issues for Employers

March 15, 2020
On March 11, 2020, the World Health Organization declared a global pandemic as the Coronavirus rapidly spreads around the world.  Employers are becoming increasingly concerned about their rights and obligations with respect to maintaining a safe workplace for their employees and complying with various federal and state labor and employment laws.  This alert will provide Read More »

NY Discrimination Law Expanded to Protect Employee’s Reproductive Health Decisions: Update to Employee Handbooks Required

January 13, 2020
New York has expanded its protection of employee rights to include an employee's (and their dependent's) right to make decisions concerning their reproductive health.  Specifically, the law prohibits an employer from taking any discriminatory or retaliatory action against an employee because the employee or an employee's dependent has made any health decision relating to their Read More »

Department of Labor Abandons “80/20 Rule” For Tipped Employees

February 25, 2019
On February 15, 2019, the U.S. Department of Labor ("DOL") issued a Field Assistance Bulletin abandoning application of the 80/20 rule in enforcement proceedings involving tipped employees.  The Bulletin is consistent with an Opinion Letter issued by the DOL in November, 2018 stating that there should be no limit placed on the amount of time Read More »

October 9, 2018 Deadline for Implementing New Sexual Harassment Law

September 11, 2018
As part of the New York State budget signed by Governor Cuomo earlier this year, sweeping legislative changes were made to strengthen sexual harassment laws.  Two major changes, which become effective October 9, 2018, require employers to adopt a robust sexual harassment prevention policy and provide annual sexual harassment prevention training.  This reform, which was Read More »

Will N.Y. Law Banning Non-Disclosure Agreements Eliminate Their Use? UPDATED

August 16, 2018
Governor Cuomo recently signed into law new legislation that will reform New York's sexual harassment laws.  Significantly, the reforms will: Prohibit mandatory arbitration for sexual harassment complaints (except in the case of collective bargaining agreements);Require every employer to adopt sexual harassment policies that meet minimum standards;Require every employer to utilize a sexual harassment prevention training Read More »

Legal Alert: Mandatory Increases to FLSA Minimum Salary Requirements Blocked by Federal Court

December 01, 2016
Last week a United States District Court in the Eastern District of Texas in the case of the State of Nevada, et al., v. United States Department of Labor issued a Preliminary Injunction that temporarily enjoins the United States Department of Labor ("DOL") from implementing certain, long planned, changes to the Fair Labor Standards Act ("FLSA"). Read More »

White Collar Workers Get a Raise: Courtesy of the U.S. Department of Labor

June 14, 2016
In May 2016, the United States Department of Labor ("DOL") issued its highly anticipated final rule for defining and delimiting the exemptions for executive, administrative, outside sales and computer employees, otherwise known as the "White Collar Exemptions" (the "Final Rule").  The Final Rule was designed to update the standard salary level that employers must pay Read More »

New York Expands Scope of its Workplace Discrimination Laws

December 15, 2015
New York Governor Andrew Cuomo has signed into law several bills that expand protections against gender discrimination, sexual harassment, and domestic violence. This comprehensive legislation amended several New York laws that directly impact New York employers. A summary of the recent changes and how it affects employers is provided below. 1. The remedies available to Read More »

Employer Mandate Delayed for Mid-Sized Businesses – If Conditions are Met

February 26, 2014
The Obama Administration has provided welcome transition relief to mid-sized employers (those with 50 or more full-time employees and full-time equivalent employees ("FTEs") but less than 100 full-time employees, including FTEs, ("Mid-Sized Employers") by delaying the effective date of the "Employer Mandate" required under the Affordable Care Act. Generally, the Employer Mandate requires that most Read More »