Labor & Employment Blog



The state and federal anti-discrimination laws are quite strict in requiring, among other things, that employers take reasonable action to prevent discrimination against employees based on a broad range of protected categories, and to remediate quickly any discrimination that does occur. Discrimination under the law includes harassment based on any such protected categories.


In March 2016, we told you about the Department of Labor’s finalized “Persuader” regulation under the Labor-Management Reporting and Disclosure Act which required employers and legal consultants to report to the Department any type of arrangement that may persuade employees on whether or not to organize or collectively bargain. 


On Tuesday, the EEOC issued a guidance on rights of employees with mental health conditions under the ADA.  This is a difficult topic and we receive many questions about it.  The guidance is laid out in question and answer format and is helpful to employers struggling with how to approach the issue.  You can find the guidance here


As employers grapple with how to handle the proposed or actual employee status and/or compensation changes thought needed under the federal Department of Labor’s new overtime regulations that were then enjoined on November 22 by a federal court in Texas, they must keep in mind that the new regulations are not dead yet. 


The changes to the minimum salary threshold for exempt employees that were to take effect on December 1, 2016 have been halted by a federal judge in Texas.  The judge found that the new overtime rules improperly created a salary test to determine which employees were exempt, instead of a duties test. 


The new federal overtime rules, set to take effect on December 1, 2016, have been enjoined nationwide by a federal judge in Texas. Therefore, the higher $47,000 minimum salary for exempt employees will not apply, and current law remains in effect. More information from SHRM can be found here.

Check back Monday for information on less onerous New York State specific minimum salary regulations. 


Many employers are rejoicing that Donald Trump is President-Elect.  Many are convinced that the employer-unfriendly decisions of the past eight years at the National Labor Relations Board will be reversed, including its narrow focus on social media.  In addition, it is likely the Chair of the Equal Employment Opportunity Commission will be replaced and that we may see its attention shift, including paring back the new EEO-1 reporting obligations, if not eliminating them altogether. 


Employers adapting to the new regulations under the Fair Labor Standards Act (FLSA), effective December 1, 2016, are increasingly turning to the Salaried, Nonexempt designation in order to save costs by paying half-time instead of time-and-a-half overtime.


We last posted about employees’ right to time off to vote.  It is also important to know what the laws are regarding employees’ political expression as this election becomes ever more contentious as it draws to a close.


With Election Day fast approaching, don’t forget that New York State Law requires employers to provide sufficient time for registered voters to vote. Employees who do not have four consecutive non-working hours between polls opening and closing, and who do not have "sufficient" non-working time to vote, are entitled to up to two hours paid leave to vote. According to New York State Election Law, employees must request the leave between 2 and 10 days before Election Day, and employers can specify whether it be taken at the beginning or end of shift.