The U.S. Department of Labor (DOL) has issued a Final Rule on the standards for determining independent contractor status for purposes of minimum wage and overtime pay issues under the Fair Labor Standards Act (FLSA). Although the Final Rule is considered “new,” it is based on the standard that was applied prior to the 2021
Employment Law
Governor Hochul Vetoes NYS Non-Compete Bill
On December 22, 2023 Governor Kathy Hochul vetoed a bill that would have imposed a ban on non-compete clauses throughout the state of New York for all employees, regardless of earnings level. We wrote about the Senate and Assembly bills that were passed in June, here.
Continue Reading Governor Hochul Vetoes NYS Non-Compete Bill
Major Proposed Hike in Salary-Level Threshold Affecting Overtime Exemptions: What Employers Need to Know
Today, the U.S. Department of Labor announced a proposal to increase the Fair Labor Standards Act’s (FLSA) salary-level threshold from $35,568 to $55,068, which would result in many more employees being entitled to overtime pay for hours worked in excess of 40 in a workweek. …
Continue Reading Major Proposed Hike in Salary-Level Threshold Affecting Overtime Exemptions: What Employers Need to Know
New York Set to Ban Non-Compete Clauses in Employment
On June 20, the New York State Assembly passed Bill A1278B which, together with New York State Senate’s passage of identical legislation, Bill 3100A[2] earlier this month, would render all non-compete agreements signed or modified after the effective date unlawful. All that stands in the way of these bills becoming law is Governor Kathy Hochul’s signature.
Continue Reading New York Set to Ban Non-Compete Clauses in Employment
NYC Department of Consumer and Worker Protection Issues Guidance on Automated Employment Decision Tool Law
On April 6, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Final Rule to provide guidance regarding the City’s Automated Employment Decision Tool (“AEDT”) Law, which we covered in more detail here. The Final Rule generally clarifies employer obligations under the AEDT Law, which will be enforced beginning July 5, 2023. Here are the most notable provisions of the Final Rule:Continue Reading NYC Department of Consumer and Worker Protection Issues Guidance on Automated Employment Decision Tool Law
New York State Amends Pay Transparency Law Ahead of its Effective Date
New York State’s Pay Transparency Law is set to take effect on September 17, 2023. The law was amended on March 3, 2023, well in advance of its effective date, to clarify, limit and expand various employer obligations. New York joins New York City, California, Rhode Island and Washington, D.C. in passing pay transparency legislation…
EEOC Prioritizes Discriminatory Effects of Artificial Intelligence
Last month, the Equal Employment Opportunity Commission (EEOC) released its Draft Strategic Enforcement Plan for 2023- 2027 (SEP), and invited the public to submit comments by February 9, 2023.
The EEOC continues to emphasize the elimination of barriers in recruitment and hiring, and seeks to prioritize its consideration of policies and practices that incorporate artificial…
New York Expands Lactation Accommodation Requirements for Employers
On December 9, 2022, Governor Hochul signed legislation expanding New York’s required accommodations for breastfeeding in the workplace. The new law takes effect 180 days after signing, on June 7, 2023.
New York employers were already required to provide employees with reasonable break times and to make reasonable efforts to provide a space for…
Twitter Sued for Alleged Violations of Federal and State WARN Acts
Are you confused about the lawsuit filed on November 3, 2022 against Twitter claiming that its recent and impending layoffs violate the federal Worker Adjustment and Retraining Notification Act (the “WARN Act”) and state laws? Here’s what you need to know about the WARN Act and the Twitter lawsuit.
The WARN Act requires employers to…
How Employers Can Prepare for the Enactment of New York City’s New Pay Transparency Law
NYC Pay Transparency Law became effective on November 1, 2022.
What does this mean for employers?
If you have four or more employees (including independent contractors) you are required to post minimum and maximum salary ranges for available positions for the benefit of current and prospective employees.
Failure to comply can result in significant civil…