Publications

On November 8, 2021, Governor Hochul signed Senate Bill S2628, which requires employers to notify employees when the employer is monitoring or otherwise intercepting the employee's electronic communications. These new notice requirements become effective on May 7, 2022. Requirements S2628 amends § 52-c of the New York Civil Rights Law (the "Amendment") to include the Read More »

By: L. Micha Ordway, Jr. Esq. Background In October 2021, Governor Kathy Hochul signed Senate Bill S4394A into law and enacted significant changes (Amendments) to one of New York's whistleblower protection statutes, Labor Law § 740.  Although Senate Bill S4394A was signed on October 28, 2021, it does not become effective until January 26, 2022. Read More »

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 »

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 »

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 »

In November 2019, Governor Cuomo signed several bills into law that benefit veterans and active duty military in the areas of eligibility for benefits, real property tax exemption, education, employment, and others. Chapter 481 of the Laws of 2019 directs the New York State Division of Veterans’ Services (DVS) to maintain a Discharge Upgrade Advisory Read More »

As part of Governor Cuomo's efforts to expand New York's anti-discrimination laws, the Governor signed new legislation which will effectively prohibit employers from making wage or salary inquiries with job applicants and employees.  The new law takes effect on January 6, 2020 and provides that no employer shall: a. Rely on the wage or salary Read More »

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 »

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 »

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 »

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 »

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 »

Governor Cuomo signed legislation on April 4, 2016, enacting a 12-week paid family leave law for employees in New York (the "Paid Family Leave Law").  The Paid Family Leave Law will phase in over four years beginning in 2018 and will require employers to allow eligible employees up to 12 weeks of paid time off Read More »

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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 »

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