On January 15, 2025, the U.S. Supreme Court ruled in E.M.D. Sales, Inc. v. Carrera that employers only need to prove that employees are exempt under the provisions of the Fair Labor Standards Act ("FLSA") by a "preponderance of the evidence" (more likely than not) to defeat a wage and hour claim. This decision replaces...
Showing posts with label labor law. Show all posts
Showing posts with label labor law. Show all posts
Tuesday, February 04, 2025
Tuesday, January 30, 2024
30
Jan
The Office of Personnel Management (OPM) has taken a significant step towards addressing gender and racial pay disparities within the Federal workforce with its latest regulation. Effective April 1, 2024, this rule prohibits the use of salary history in setting pay for new civilian employees, a practice that has historically...
Wednesday, December 27, 2023
On December 22, 2023 Governor Hochul vetoed Bill A01278. This bill would have fundamentally altered New York State's Labor Law by prohibiting non-compete agreements and additional restrictive covenants in labor and employment contracts.This bill would have addressed the usage of non-compete agreements in employment contracts....
Monday, November 27, 2023
27
Nov
On November 22, 2023 Governor Hochul signed Bill A06040 into law thereby creating Labor Law 191-d, the "freelance isn't free act." This law will replicate, in large part, the labor rights of freelance workers in NYC throughout state. The Governor's statement on the Bill can be found here. This new law defines...
Thursday, April 28, 2022
The NYS Senate joined the Assembly in passing a new law, A7595, that will require copies of certain documents physically posted in a workplace to be made available to employees electronically, if signed by the Governor. While not yet signed into law, employers need to get to work on compliance now because the...
Tuesday, January 04, 2022
04
Jan
New York State has adopted Sick Leave requirements for employers to
follow under NY
Labor Law § 196-b. With the new rule having become effective on 12/22/21, employers and their HR teams need to get up to speed quickly. The new rule requires employers of 3 different categorical
sizes to provide
a minimum number of...
Tuesday, October 26, 2021
26
Oct
Governor Hochul signed Bill A07373 into law yesterday which permits employees to petition their employer (in writing, within ten (10) days after a layoff, or in advance of a layoff) to implement a "Shared Work" program in lieu of a layoff. While employers are not required to implement a Shared Work program, employers must...
Tuesday, February 23, 2021
Generally, homeowners are exempt from liability for construction-related injuries that happen in their home. However, homeowners become liable if they direct or control the method and manner of work. What does that rule mean to you?The Appellate Courts, in O'Mara v. Ranalli, just taught us that it is a jury question...
Monday, February 08, 2021
Typically, when a construction worker gets injured on the job from an elevated fall, it's a slam dunk case against the GC. In fact, Labor Law § 240(1) imposes strict or absolute liability on general contractors, owners, and their agents regardless if the injured worker is partially at fault for falls at construction...
Thursday, November 15, 2018
15
Nov
Ironically, NYS has released videos to comply with the NYS required sexual harassment training under Labor Law 201-g. However, the website for the videos expressly advises that they are non-compliant.
In fact the website states:
the videos alone are NOT considered interactive. If you are using this video to meet the...
Friday, November 09, 2018
09
Nov
Many employers are saying that they will write sexual harassment policies and conduct the mandatory trainings themselves, but they
will quickly find that doing it themselves is a big mistake.
Beyond
the heavy burden of compliance with
Labor Law 201-g (NYS) and Local Law 96 (NYC), employers who do the
trainings...
