The New York State Paid Sick Leave law (“NYSPSL”) and the amendments to the New York City Paid Safe and Sick Leave law (“ESSTA”) expanding employees’ paid sick leave entitlements
Continue Reading New Year, New Rules: New York Employees May Begin Taking Paid Sick Leave January 1, 2021
On November 11, 2020, Governor Cuomo signed an amendment (the “Amendment”) to the New York State Worker Adjustment and Retraining Notification Act (“NY-WARN Act”). The Amendment significantly expands the governmental entities that an employer must notify concerning a NY-WARN triggering event, such as a mass layoff, plant closing, reduction in hours, or relocation.
Continue Reading New York State Amends WARN Act to Require Additional Notifications
In an effort to combat the recent rise in COVID-19 cases in New Jersey, on October 28, 2020 Governor Murphy signed Executive Order 192 (the “Order”), mandating health and safety standards to protect New Jersey’s workers during the pandemic. Effective November 5, 2020, the Order requires every business, non-profit and governmental or educational entity to implement certain protocols to protect employees, customers, and all others who come into physical contact with its operations. Key takeaways are summarized below.
Continue Reading New Jersey Governor Murphy Orders New COVID-19 Workplace Protocols
On September 17, 2020, the U.S. House of Representatives passed HR 2694, the Pregnancy Workers Fairness Act (“PWFA”), in a 329-73 vote. The Senate will now consider the bill, which, if passed, would require employers to reasonably accommodate pregnant workers and employees with pregnancy-related conditions. The bill would clarify an employer’s obligations set forth in the 2015 U.S. Supreme Court decision Young v. UPS, 135 S. Ct. 1338 (2015) and subsequent Equal Employment Opportunity Commission (“EEOC”) guidance.
Continue Reading Pregnancy Workers Fairness Act Heads to the Senate
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