Labor & Employment Blog

 

01.25.2016

Last week Governor Cuomo announced the implementation of new regulations to protect New York’s transgendered citizens.  The new regulations prohibit harassment and discrimination based on an individual’s gender identity, transgender status, or gender dysphoria.

01.11.2016

In April 2015, New York Attorney General Eric T. Schneiderman’s office sent letters to 13 major retail chains seeking information about their scheduling practices.  Specifically, the AG sought information regarding “on-call” policies, requiring workers to be off the clock but ready to report to work if necessary for business demands.  The practice allows little predictability for employees who typically work part-time, and often leads to difficulty scheduling child care and unavailability to work a second job elsewhere if the employee is told not to report to work. 

01.04.2016

With the new year comes some new laws relating to your workforce.  New York has new legislation going into effect dealing with gender in the workplace.  The Women’s Equality Agenda will take effect January 19, 2016, and is a group of eight different laws. 

12.16.2015

Effective mid-January, 2016, New York’s amendment to Section 630 of its Business Corporation Law will make the top ten largest shareholders of a non-publicly traded foreign corporation personally liable for unpaid wages.  The legislation extends the liability to any foreign corporation “when the unpaid services were performed in the state.” 

12.10.2015

The U.S. Department of Labor recently announced that the publication of its long-awaited final rule expanding the number of employees eligible for overtime pay will not occur until late 2016.  Because of this delay, the time between publication and effective date is expected to be only 30-60 days, as opposed to the more standard 120 days.  Accordingly, employers are advised to prepare for this short window by reviewing its current classifications with experienced employment counsel based on the proposed rule released on June 30, 2015.

11.23.2015

This fall is a good time to remind your employees that current events are not always the best topic at work.  Discussing the news and politics can be common among employees, but you need to be sure any such conversations do not end up offending co-workers. 

11.16.2015

Last week, a New York Court again declined to dismiss a lawsuit where the plaintiff claims to represent a class of women who were allegedly denied adequate workplace space to breastfeed. 

11.09.2015

For employers who pay their exempt employees on a bi-weekly basis, the 2015 calendar ‎has a quirk that may give the employees a one-year, de facto raise or bonus. The reason for this is that January 1, 2016 falls on Friday so that a payroll run, as is typical on the day before a holiday, would result in 2015 having 27 payrolls instead of 26.

10.26.2015

Recently, a federal appeals court found that a sports bar violated the National Labor Relations Act (NLRA) when the bar fired workers after they commented and “liked” a Facebook post.  A former employee posted about the bar on Facebook.  A current employee commented and used profanity in reference to the employer, and another current employee “liked” the post.  The two “current” employees were then terminated.  The court found the activities were not directed towards customers and did not reflect the employer’s brand.

10.14.2015

By now, anyone affected should know that the Department of Labor wage rule granting federal overtime and minimum wage protections for approximately 2 million home care workers employed by third party home health care agencies took effect on October 13.  This is significant news, and not only affects those in the industry, but many others with ailing or aging family members who need assistance.  Although the new rules are in effect, the DOL has indicated it will not enforce the provisions for 30 days.

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