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
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
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
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
On September 30, 2020, section 196-b of the New York State Labor Law went into effect. The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021. We wrote about the New York State Paid Sick Leave law previously, and have outlined the situations under which it must be provided to employees. Like New York City’s paid sick leave entitlements, the law applies to absences related to an employee’s status as a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking. For a complete list of reasons and more detail about the accrual of sick leave, take a look at our prior blog.
Continue Reading New York State Paid Sick Leave Law Now in Effect
Governor Cuomo’s most recent executive order requires employees “present in the workplace” to wear “face coverings” when in “direct contact with customers or members of the public.” The order further requires that employers pay for and provide such face coverings. The order is effective Wednesday night, April 15, 2020 at 8:00pm.
Continue Reading Cuomo Orders Employers to Provide “Face Coverings” for External-facing Employees
On April 3, 2020, Governor Cuomo signed the 2021 New York State budget, which included paid sick leave for employees in New York State. Yes – paid sick leave that can be taken for normal, non-pandemic illnesses, among other reasons.
While society remains upended by COVID-19, Governor Cuomo stated, “we have to be able to walk and chew gum. We have to move forward at the same time and that’s why passing the budget and these pieces of legislation were important.” State-wide sick leave – which surely would have received more attention but for immediate COVID-19 related concerns – requires New York employers to review their paid time off and sick leave policies.Continue Reading Permanent Paid Sick Leave Coming to New York State in 2021
UPDATE: Executive Order 202.8 can be read here. In addition to closing workplaces to non-essential employees, the order:
At a press conference this morning, Governor Andrew Cuomo announced a forthcoming executive order placing further restrictions on New Yorkers’ daily life. The order will be effective as of Sunday. Per the New York Times, relevant employment-related provisions include:Continue Reading Governor Cuomo to Issue Executive Order Requiring New York Workers to Stay Home
Last week, we addressed the looming sexual harassment notice and training requirements affecting all New York State and New York City employers. We also wrote about the pending issuance of public resources containing model policies and other materials that would comply with the New York State mandates. The day after we posted our blog, New York State published a website – Combating Sexual Harassment in the Workplace, which provides resources to employers and employees on sexual harassment. Among other things, the new site contains: