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

Yesterday, the Department of Labor issued preliminary guidance concerning the implementation of the Families First Coronavirus Response Act (the “FFCRA”), which was passed just six days ago.  The guidance provides some clarity on a few key issues:

Continue Reading Department of Labor Releases Preliminary Guidance Concerning the Families First Coronavirus Response Act

The Department of Labor announced its return from winter vacation this week by issuing three new opinion letters.  Two of the letters address Fair Labor Standards Act (“FLSA”) payment calculation issues; the other deals with the applicability of the Family and Medical Leave Act (“FMLA”) to a special health district.

Continue Reading Department of Labor Releases First Three Opinion Letters of 2020

The holidays arrived early last week for employers and management-side labor attorneys, as the National Labor Relations Board issued a decision approving employer policies that prohibit the discussion of pending workplace investigations. In Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, Cases 27-CA-191574 and 27-CA-198058, the Board considered two workplace rules: “one requiring employees to ‘maintain confidentiality’ regarding workplace investigations into ‘illegal or unethical behavior’ and the other prohibiting ‘unauthorized discussion’ of investigations or interviews ‘with other team members.’”

Continue Reading NLRB Approves of Employer Policies Requiring Confidential Workplace Investigations

Both New York State and New York City have passed legislation intended to curtail sexual harassment, while at the same time, expanding accountability for such.  These laws impact large and small businesses that operate in the State and/or City.
Continue Reading Impending Sexual Harassment Notice and Training Requirements to Affect New York State and New York City Employers