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Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty, and other work-related common law claims. Sal also counsels clients on day-to-day issues involving workplace management and administration, including requests for reasonable accommodation for disabilities, for family and medical leave, and wage and hour issues.  He conducts employment law training on a variety of topics, including sexual harassment prevention and wage/ hour compliance.  He also drafts employment policies and agreements, and assists clients in auditing worker classification practices and policies both in the context of the Fair Labor Standards Act and state laws governing independent contractor determinations.

In 2019, the New York State Legislature championed a host of employment laws that strengthen protections for employees.  One of those laws codified new requirements for non-disclosure agreements, which are effective as of October 11, 2019.  To ensure enforceability of non-disclosure provisions, employers must account for the following provisions:
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On September 24, 2019, the U.S. Department of Labor (DOL) issued its final overtime rule as it relates to the minimum salary threshold for exempt employees. The DOL estimates that 1.3 million workers will be eligible for overtime pay as a result of its final rule.  Here is how the new rule will impact workers in Connecticut, Massachusetts and New York.
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Monumental changes to Connecticut employment law are on the horizon.

Late last week, the House approved a bill creating a paid family and medical leave program in Connecticut. Senate Bill 0001, “An Act Concerning Paid Family and Medical Leave,” creates a Family and Medical Leave Insurance (FMLI) program to provide wage replacement benefits to certain employees taking leave for reasons allowed under Connecticut’s Family and Medical Leave Act (CFMLA).
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Effective May 10, 2020, New York City’s Human Rights Law will prohibit employers from requiring job applicants to submit to a marijuana or THC drug test as a condition of employment, with some limited exceptions. The NYC law is the first to ban pre-employment testing, but likely not the last in light of increasing momentum to legalize the recreational use of marijuana. 
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I’ve said before and I’ll say it again.  Zero-tolerance policies are a bad idea when addressing sexual harassment complaints.  In fact, they shouldn’t even apply to complaints about discrimination or workplace infractions.  Although zero-tolerance policies convey the impression that an employer is taking a hard line stand against conduct it wants to discourage or eliminate, the reality is a little more complicated, just like the workplace.
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As we previously reported here, the “Stop Sexual Harassment in NYC Act” expanded the reach of the New York City Human Rights Law in the area of gender-based discrimination, including harassment.  Among other things, as of April 1, 2019, the law mandates employers with 15 or more employees (which includes independent contractors) in the previous calendar year to conduct annual anti-sexual harassment training to all employees, including managers and supervisors.  The law requires employers to train new employees who work more than 80 hours in a calendar year within 90 days of initial hire.
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At long last, the federal Department of Labor has issued its widely anticipated second proposal to raise the minimum salary threshold for employees to qualify for various white collar exemptions under the Fair Labor Standards Act.  Following a failed attempt by the Obama-era DOL to set a salary threshold of $47,476, the DOL is setting its sights lower this time around with a proposed $35,308 salary threshold.
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