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Did You Know: New York Has Adopted New Requirements For Electronic Monitoring of Employees

March 24, 2022
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 »

New Legislation Holds General Contractors Liable for Subcontractors’ Unpaid Wages and Benefits

January 24, 2022
By: L. Micha Ordway, Jr. Esq. On September 6, 2021, Governor Hochul signed Senate Bill S2766 (the "Act") which creates a new remedy for construction workers seeking to recover unpaid wages, benefits and wage supplements.  Under the Act, upstream contractors are now jointly and severally liable for their subcontractor's failure to pay wages (including overtime), Read More »

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 »

New Laws Benefit New York State Veterans and Active Duty Military

January 08, 2020
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 »

Wage and Salary History Inquiries Prohibited in New York

October 03, 2019
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 »

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 State Enacts 12-Week Paid Family Leave Law

April 20, 2016
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 »

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 »