Labor & Employment


New 2021 Minimum Wages, Minimum Salaries and Enforcement Initiatives
March 5, 2021 | John K. Diviney | Labor & Employment

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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What You Need to Know about Biden’s Travel Ban Revocation
February 25, 2021 | Henry M. Mascia | Labor & Employment | Immigration

Yesterday, the Biden administration revoked parts of the Trump-era executive orders that had prevented certain foreign nationals from entering the United States due to the coronavirus outbreak.

Here’s what you need to know:

What’s Changed

  • U.S. consulates can issue an immigrant visa (i.e. a “green card”) to foreign nationals seeking to enter the United
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What Employers Need to Know about the Upcoming H-1B Lottery
February 9, 2021 | Henry M. Mascia | Labor & Employment | Immigration

It is time for employers to prepare for the first H-1B lottery under the Biden administration. The following outlines what employers need to know, what changes to expect, and what will remain the same.

  • United States Citizenship and Immigration Services (USCIS) will conduct the lottery in its traditional form, with beneficiaries holding a master’s
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The Employment Law Reporter
February 4, 2021 | Labor & Employment

Here is what we cover in this issue of The Employment Law Reporter:

  • The U.S. Court of Appeals for the Second Circuit has affirmed the dismissal of an employment discrimination lawsuit.
  • A mediation agreement that resolved a plaintiff’s employment discrimination claims was enforceable, according to a federal district court in New York.
  • A university
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DOL Finalizes Regulations Regarding Worker Classifications
January 7, 2021 | Jonathan B. Bruno | Labor & Employment

On January 6, 2021, the Department of Labor (DOL) issued a new framework to determine whether workers are employees or independent contractors for the purposes of the Fair Labor Standards Act (FLSA). The distinction between these classifications is significant, as it impacts whether the employer must pay minimum wage or keep records pertaining to the

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

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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The Employment Law Reporter
October 6, 2020 | Labor & Employment

Welcome to the Fall 2020 issue of The Employment Law Reporter!

This issue of The Employment Law Reporter first discusses a number of recent employment discrimination cases and then reviews cases involving complaints stemming from non-competition  agreements. All of the decisions analyzed in this issue are by New York courts – federal and state.

Many

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EEOC Addresses Employees’ Opioid Use in New Guidance
August 14, 2020 | Labor & Employment

The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between the ADA and the country’s growing opioid crisis.

The new guidance addresses three groups of employees: (1) individuals legally using opioids; (2) individuals who are

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The Employment Law Reporter
July 9, 2020 | Labor & Employment

Welcome to the Summer 2020 issue of The Employment Law Reporter. This inaugural issue of this quarterly newsletter first reviews the landmark U.S. Supreme Court opinion in which the Court ruled that an employer that fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. This

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Supreme Court: Federal Law Protects Homosexual And Transgender Workers
June 16, 2020 | Kenneth A. Novikoff | John K. Diviney | Tamika N. Hardy | Labor & Employment

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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