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As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020.  While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law.  On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a set of FAQs addressing some of the ambiguities in the law, but perhaps raising others. Key takeaways are summarized below.
Continue Reading New York State Releases First Guidance on New Paid Sick Leave Law

As we previously reported, among the sweeping pieces of legislation signed in the midst of the COVID-19 pandemic was New York State’s permanent sick leave law (“NYSPSL”). Under NYSPSL, all New York State employers are required to provide sick leave. Eligible employees may begin accruing sick leave as of September 30, 2020, but are not entitled to use any accrued sick leave pursuant to this law until January 1, 2021.
Continue Reading Reminder: Accrual Requirements Under New York State’s New Paid Sick Leave Law Effective September 30, 2020

On September 22, 2020, the United States Department of Labor (DOL) released a long-awaited proposed rule (the “Proposed Rule”) providing guidance for determining employee versus independent contractor status under the Fair Labor Standards Act (FLSA).  For decades, employers have struggled with properly classifying workers, oftentimes resulting in substantial liability for, among other things, unpaid overtime and unpaid payroll taxes.  If adopted, the Proposed Rule may make it easier for employers to classify workers as independent contractors.
Continue Reading Independent Contractor v. Employee: DOL Releases Proposed Rule Clarifying Test for Classification of Workers

As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting employee leave eligibility and entitlement under the Families First Coronavirus Response Act. On September 11, 2020, the DOL issued new regulations (the “Revised Final Rule”) in hopes of clarifying employers’ responsibilities under the FFCRA’s paid leave provisions in light of the District Court’s decision.
Continue Reading DOL Revises FFCRA Regulations in Light of New York Federal Court Decision

On August 3, 2020, U.S. District Judge J. Paul Oetken issued a decision in State of New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 (S.D.N.Y. Aug. 3, 2020), which vacated several portions of the Department of Labor’s (“DOL”) regulations concerning the Families First Coronavirus Response Act (“FFCRA”).
Continue Reading New York Federal Court Vacates Several Portions of DOL Regulations Regarding FFCRA Leave

In light of the COVID-19 pandemic, many employers have been forced to conduct staff layoffs as businesses were closed in compliance with shelter-in-place orders and subsequently rehire employees as lockdown restrictions have been lifted. One concern employers should bear in mind is how the layoffs and later rehiring of employees impact the enforceability of any previously agreed upon restrictive covenant agreements.
Continue Reading 1st Circ. Holds Non-Compete Agreement Unenforceable Against Fired and Rehired Employee

On July 8, 2020, the Supreme Court gave religious employers wide leeway to hire and fire employees whose duties include religious instruction without having to worry about employment discrimination suits. In a 7-to-2 decision, the Supreme Court ruled in Our Lady of Guadalupe School v. Morrissey-Berru that the “ministerial exception” – a legal doctrine that shields religious employers from anti-discrimination lawsuits – foreclosed the adjudication of two discrimination lawsuits brought by Catholic school teachers.
Continue Reading U.S. Supreme Court Backs Broad Interpretation of the “Ministerial Exception,” Shielding Religious Employers From Employment Discrimination Claims

On June 18, 2020, the First Department issued Hosking v. Memorial Sloan-Kettering Cancer Ctr., 2020 N.Y. Slip Op. 03484 (1st Dept. June 18, 2020), a decision analyzing the more stringent requirements under the New York City Human Rights Law (“NYCHRL”) for employers to reasonably accommodate individuals with disabilities, compared to the requirements under the New York State Human Rights Law (“NYSHRL”) and the Americans with Disabilities Act (“ADA”). In Hosking, the First Department determined that plaintiff’s disability discrimination claims under the NYSHRL and NYCHRL properly survived summary judgment as issues of fact were raised about whether the defendant sufficiently engaged in a cooperative dialogue to accommodate plaintiff’s disability prior to terminating her employment.
Continue Reading New York’s First Department Appellate Division Highlights the Stringent Requirements for Reasonably Accommodating Individuals with Disabilities Under New York City Human Rights Law

At the beginning of this year, New Jersey Governor Phil Murphy signed a package of legislation aimed at protecting the rights of workers who have been misclassified as independent contractors.  One of these new laws, Assembly Bill 5843, requires employers to post notices regarding employee misclassification.  The New Jersey Department of Labor and Workforce Development has now published the required posting in two different sizes (11 x 17 and 8.5 x 11).
Continue Reading New Jersey Department of Labor Releases Posters for Employers to Utilize to Satisfy Employee Misclassification Posting Requirements

On Wednesday, May 27, 2020, the Centers for Disease Control and Prevention (“CDC”) issued new guidance (available here) detailing how employers can safely reopen offices following months of closure amid the ongoing COVID-19 pandemic. The CDC guidance provides a step-by-step checklist for employers to follow to ensure that their office spaces are physically prepared for workers to return to work as they proceed with life beyond the pandemic.

When employees do return, offices are going to look a lot different from when they left. The CDC recommendations range from technical advice on ventilation systems to the abolition of the traditional handshake to employee temperature testing protocols. Key provisions are summarized below.
Continue Reading Drastic Changes Coming to U.S. Offices as the CDC Recommends An Office Makeover

On April 3, 2020, Governor Cuomo passed Assembly Bill A9506B, which will grant most New Yorkers paid sick leave annually, building on temporary requirements the state adopted in response to the coronavirus pandemic. The paid sick leave mandate, which was adopted as part of the FY 2021 Executive Budget, will take effect in January 2021. Key provisions are as follows:
Continue Reading New York State Passes Guaranteed Sick Leave for Working New Yorkers Beyond COVID-19