Recent Publications -


New 2021 Covid-19 Paid Leave and Tax Credits
March 18, 2021 | Employment & Labor

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

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New 2021 Minimum Wages, Minimum Salaries and Enforcement Initiatives
March 5, 2021 | Employment & Labor

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

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Sick-Leave Benefits Available as Early as January 1, 2021
December 15, 2020 | Employment & Labor

As we have previously reported, New York State Governor Andrew M. Cuomo signed into law a new comprehensive sick-leave program for all New York employees. The sick-leave law became effective September 30, 2020, for the purposes of accruing leave, and employees are eligible to take sick leave under the law as early as January 1,

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Supreme Court: Federal Law Protects Homosexual And Transgender Workers
June 16, 2020 | Employment & Labor

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

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The EEOC Issues Guidance on COVID-19 Related Workplace Laws
April 17, 2020 | Employment & Labor

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

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U.S. DOL Issues New Guidance on the Families First Coronavirus Response Act
March 31, 2020 | Employment & Labor

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

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U.S. Dept. of Labor Provides Additional Guidance For Employers
March 27, 2020 | Employment & Labor

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
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COVID-19 Update: New York State on Pause
March 20, 2020 | Employment & Labor

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

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COVID-19 Update: Federal Relief Bill
March 19, 2020 | Employment & Labor

President Trump on March 18, 2020, signed the Families First Coronavirus Response Act (COVID-19 Bill) to provide emergency relief to businesses and employees in response to the coronavirus pandemic. The COVID-19 Bill will become effective no later than 15 days from March 18, 2020 (or on April 2, 2020). Businesses with fewer than 500 employees

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Coronavirus Update: New York State Passes COVID-19 Laws
March 19, 2020 | Employment & Labor

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

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New January 1, 2020 Exempt Salary Minimums
October 8, 2019 | Employment & Labor

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

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New York State Passes Sweeping Changes to Work Place Harassment Laws
September 17, 2019 | Employment & Labor

As we previously reported in our October 2018 Employment & Labor Bulletin, employers must ensure their anti-harassment policies meet the state minimum requirements and implement the state-required harassment prevention training on or before October 9th. For employers in New York City there are additional requirements under the Stop Sexual Harassment in NYC Act.

In addition

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Suffolk Prohibits Employers from Asking Applicants about Prior Compensation
December 6, 2018 | Employment & Labor

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

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New York State Issues Final Guidance Regarding New Sexual Harassment Standards
October 4, 2018 | Employment & Labor

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

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NYC to Require Employers to Grant Temporary Schedule Changes for Personal Events
July 12, 2018 | Employment & Labor

Effective July 18, 2018, New York City employers will be required to allow employees who have been employed for at least 120 days and who work at least 80 hours in New York City in a calendar year to make two (2) temporary schedule changes per year for certain personal events.

Introduction No. 1399-2016 (commonly

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