Minimum hourly wages for many nonexempt employees and minimum salaries for exempt employees in New York, New Jersey and Connecticut are scheduled to increase in 2023. Employers should begin to make plans to ensure that their hourly wages for nonexempt employees, their minimum salaries for exempt employees and their wage hour policies and practices comply

On December 15, New York City issued clarifications to its prior vaccine mandate and those clarifications can be found here: https://www1.nyc.gov/site/doh/covid/covid-19-vaccine-workplace-requirement.page.

As we advised in our prior bulletin, the New York City Commissioner of Health previously ordered that, commencing December 27, 2021, workers must have received at least one dose of a COVID-19 vaccine to

Minimum hourly wages for nonexempt employees and minimum salaries for exempt employees in New York State are scheduled to increase on January 1, 2022. Employers should begin to make plans to ensure that their hourly wages for nonexempt employees and minimum salaries for exempt employees comply with these new requirements.

On January 1, 2022, the

The New York City Council just passed a new COVID vaccination bill requiring paid leave for parents per child per injection. Additionally, businesses and employees in New York City are subject to new vaccine mandates effective December 27, 2021, based on a recent announcement by outgoing Mayor de Blasio.

The new bill requires New York

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued a new guidance and questions and answers regarding COVID-19 issues confronting employers and employees. The EEOC’s Technical Assistance is entitled “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws.” This Technical Assistance also provides links and references

On September 9, 2021, Governor Hochul signed into law a new wage protection statute which added a new section to the New York Labor Law. Section 198(e) holds construction contractors liable for all claims under Labor Law Section 198 for unpaid wages, benefits and wage supplements of employees of all of their subcontractors. The definitions

On September 6, 2021, New York Governor Hochul announced that the New York Commissioner of Health had designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the New York HERO Act (the “HERO Act”). This new designation requires all New York employers to implement workplace

The Delta variant, which increased COVID cases and hospitalizations, also prompted new federal and local COVID rules and mandates, and required employers to revisit their existing COVID policies.

OSHA announced a new COVID Emergency Standard for health care employers to take effect in July 2021. This new Emergency Standard requires health care employers to address

The New York Department of Labor finally issued Model Safety Plans and Standards for airborne infectious diseases. All employers, regardless of size and with a worksite in New York, must adopt a safety plan by August 5, 2021, and must post, distribute and include the plan in their handbooks to all employees and new hires

In the past week, there have been several overlapping laws enacted regarding COVID-19. On March 12, 2021, Governor Cuomo signed into law legislation which mandates that all New York employers provide paid leave of up to four hours per injection for employees who receive a Covid-19 vaccination.  Also, on March 11, 2021, President Biden signed

The Biden Administration’s efforts to increase the current federal minimum wage from $7.25 an hour to $15 an hour have been delayed, but in New York, New Jersey, Connecticut, Pennsylvania and other states and municipalities, most employers in 2021 are already subject to new minimum hourly wage rates and minimum salaries for exempt employees well

The U.S. Supreme Court ruled Monday, June 15, 2020, that the ban on sex discrimination in Title VII of the Civil Rights Act of 1964 protects homosexual and transgender workers. In a 6 to 3 decision with Justice Neil M. Gorsuch writing for the majority, the Court interpreted the Civil Rights Act of 1964’s prohibition

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on workplace laws during the COVID-19 outbreak. The guidance, updated on April 17, 2020, assists employers with navigating pandemic-related issues. In a question-and-answer format, the EEOC clarifies topics such as the confidentiality of medical information, inquiries about employee symptoms and providing reasonable accommodations.

The

The Families First Coronavirus Response Act (FFCRA) will take effect on April 1, 2020, and will require all private employers with 499 or fewer employees to provide paid sick leave and emergency family leave to qualified employees. The FFCRA will apply to a broader set of individuals than New York’s paid sick leave law passed

As we have previously reported, on March 18, 2020 President Donald J. Trump signed the Families First Coronavirus Response Act (FFCRA). The FFCRA provides for two leave requirements arising in different portions of the Act:

1. The right to Public Health Emergency Leave, which amends the existing statutory text of the Family and Medical Leave

Governor Cuomo issued Executive Order 202.8 directing all non-essential businesses statewide to reduce in-office staff by 100% until further notice.  This includes bars and restaurants that have been directed to close its’ doors and operate on a limited take-out only basis.

The closures and 100% reduction of in-office staff is part of Governor Cuomo’s 10-point

In response to the growing concerns over the coronavirus, (COVID-19) Governor Cuomo issued a temporary mandatory work-force reduction plan (Executive Order) and signed a COVID-19 relief bill (COVID-19 Bill).

COVID-19 Executive Order

The Executive Order mandates that all non-essential businesses implement work from home policies and reduce in-office staff by 50%. In fact, as we

The United States Department of Labor issued a final regulation to take effect January 1, 2020, raising the minimum overtime salary threshold for exempt employees under federal law to $35,568. New York State employers, though, must be mindful that, also as of January 1, 2020, they must pay exempt employees substantially higher minimum salaries, or

Suffolk County will now join New York City, Albany County and Westchester County, in prohibiting employers from inquiring into the salary and benefits history of job applicants. The intent of the new law is to reduce pay inequality for women and minorities. Effective June 30, 2019, an employer, employment agency, employee or agent in Suffolk

As we previously reported in June 2018 (see https://www.rivkinradler.com/publications/new-sexual-harassment-legislation-applies-to-almost-all-ny-employers/), New York State lawmakers passed aggressive new legislation designed to stop sexual harassment in the workplace.  The changes included requiring employers to implement sexual harassment prevention policies and training.

In August 2018, New York State drafted a model sexual harassment policy and training requirements.  After the

On Friday, August 24, 2018, the New York State Division of Human Rights and the New York Department of Labor issued their proposed model anti-sexual harassment policy and model anti-sexual harassment training program. Every New York State employer must promptly adopt and distribute an anti-sexual harassment policy to all employees. Every New York State Employer must also

Recently, New York State and New York City passed new legislation designed to stop sexual harassment in the workplace. Governor Andrew Cuomo signed the New York State legislation into law on April 12 and New York City Mayor Bill de Blasio signed the New York City legislation into law on May 9.

These new laws,

On July 15, 2015, the head of the Wage Hour Division of the United States Department of Labor (the “DOL”) issued a 15-page guidance which states that the DOL takes the position that most workers are employees under the Fair Labor Standards Act and should not be classified as independent contractors.  New York State and

The New York City Earned Sick Time Act (the “Act”), as recently amended, goes into effect on April 1, 2014.  The amendment has set forth significant changes to the original New York City Earned Sick Time Act, adopted into law on June 26, 2013 (the “Original Act”).  Key provisions of the Act are discussed herein. 

On September 7, 2012, Governor Cuomo signed a new law, effective November 6, 2012, which amends Section 193 of the New York State Labor Law (the New York wage deduction statute).  As many of you are aware, over the last few years the New York State Department of Labor has taken the position in cases

New York health care providers employ almost one million employees in New York State and are subject to a wide array of employment laws as well as unique challenges and issues.  Most of these laws apply to health care providers regardless of whether they employ four or four thousand employees.  This column will briefly summarize

There were a large number of new state and federal employment laws, employment regulations and court decisions in 2011-2012 involving employment law which affects both employers and employees.  Lawyers must be aware of these new issues when representing their clients and law firms as employers must comply with these new requirements.  This article will briefly

There are a number of new laws and regulations with which employers in New York must comply involving wages, commissions, independent contractors, tips, domestic workers, funeral leave, family medical leave, retaliation, genetic information and victims of domestic violence. Additionally, the federal and state Departments of Labor as well as other federal and state agencies

Finding That Plaintiff Is No Longer Disabled Is Affirmed, Despite Social Security Administration Determination That Plaintiff Was Disabled

Robert Muller appealed from a judgment of the United States District Court for the Northern District of New York that denied his claim that the termination of his employer-sponsored disability benefits by First Unum Life Insurance Company

An employee of R.J. Reynolds Tobacco Company, a wholly-owned subsidiary of RJR Nabisco Holdings Corp., brought suit against the fiduciaries of the company’s 401(k) retirement plan. He asserted that they had acted imprudently when they liquidated two of the plan’s investment funds at a loss. The defendants argued that the employee had failed to state

The plaintiffs in this case were employed in a division of SKF USA, Inc., when SKF sold the division to Tyson Bearing Company. The plaintiffs became employees of Tyson immediately after the sale at the same facility and did not suffer any period of unemployment or interruption of wages. Under the terms of the sale,