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On March 21, 2020, New Jersey Governor Murphy issued a statewide “Stay-At-Home” Executive Order (EO 107), available here, directing all residents to stay at home and mandating the closure of all “non-essential” retail businesses.  Governor Murphy also signed Executive Order 108 (EO 108), available here, which invalidates any county or municipal restriction that conflicts with any provision of EO 107.  Both Orders became effective Saturday, March 21, 2020 at 9:00 p.m. and will remain in effect until revoked or modified by the Governor.  Key provisions are explained below.
Continue Reading New Jersey Governor Murphy Announces Statewide Stay At Home Order, Closure of All Non-Essential Retail Businesses

On March 18, 2020, Governor Cuomo signed an Executive Order (the “March 18 Order”) requiring all “non-essential” New York businesses to reduce their in-person workforce at any work location by 50%.  On March 19, 2020, Governor Cuomo issued another Executive Order (the “March 19 Order”), requiring all “non-essential” New York businesses to reduce their in-person workforce at any work location by 75%.
Continue Reading New York on Pause: Governor Cuomo Orders All Non-Essential Workers to Stay Home

Update: This story has been updated to reflect the governor’s approval of the bill.

On March 18, 2020, New York Gov. Andrew Cuomo passed a bill guaranteeing job-protection and pay for New Yorkers who have been quarantined as a result of COVID-19. The law is more narrow than the version Gov. Cuomo announced Tuesday, which included a statewide sick program that would have remained in effect beyond the COVID-19 pandemic. The provisions of the legislation are set to take effect immediately.

Continue Reading Empire State of Mind: Governor Cuomo Proposes Bill to Provide Immediate Assistance for New Yorkers Impacted by COVID-19

On December 12, 2019, for the first time in 60 years, the U.S. Department of Labor (DOL) announced a final rule clarifying the types of benefits that must be included in determining an employee’s “regular rate of pay” when calculating overtime wages. This new rule becomes effective January 15, 2020.
Continue Reading Department of Labor Issues Final Rule on Calculating the Regular Rate of Pay Under the Fair Labor Standards Act

On December 6, 2019, the Second Circuit issued a decision that will have a strong impact on the settlement of wage and hour actions under the Fair Labor Standards Act (FLSA). In Yu v. Hasaki Restaurant, Inc., the U.S. Court of Appeals for the Second Circuit reversed a district court ruling and held that FLSA settlements pursuant to a Rule 68 offer of judgment do not require court approval. This decision departs from the conventional view that settlements of FLSA claims generally require formal approval from a court or the Department of Labor (DOL) in order to be enforceable.
Continue Reading Second Circuit Holds That FLSA Settlements Pursuant To An Offer of Judgment Do Not Need Court Approval

As of May 20, 2019, NYC will prohibit employment discrimination based on an employee’s “sexual and reproductive health decisions,” which the new law defines as “any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions.”
Continue Reading NYC Bans Discrimination Based on Sexual and Reproductive Health Decisions

On April 9, 2019, New York’s City Council passed legislation, available here, which will prohibit employers from requiring prospective employees to submit to testing for tetrahydrocannabinols (THC), the active ingredient in marijuana, as a condition of employment. If, as expected, Mayor Bill de Blasio signs the law into effect, the New York City Human Rights Law will be amended to make it a discriminatory practice to require pre-employment marijuana testing of employees in New York City.
Continue Reading New York City Council Passes Legislation Banning Marijuana Testing of Job Applicants

On February 18, 2019, the New York City Commission on Human Rights (the “NYCCHR”) released new legal enforcement guidance (the “Guidance”) regarding discrimination on the basis of natural hair and hairstyles. In the Guidance, the NYCCHR advised employers that “[t]he New York City Human Rights Law (“NYCHRL”) protects the rights of New Yorkers to maintain natural hair or hairstyles that are closely associated with their race or identities.” While the NYCCHR made clear that “hair-based discrimination implicates many areas of the NYCHRL, including prohibitions against race, religion, disability, age, or gender-based discrimination,” the Guidance’s directives particularly focus on prohibiting hair and hairstyle discrimination against Black people, defined as “those who identify as African, African American, Afro-Caribbean, Afro-Latin-x/a/o or otherwise having African or Black ancestry.” Specifically, the Guidance states that the NYCHRL protects the rights of Black New Yorkers “to maintain natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”[1]
Continue Reading New Dos and Don’ts: New York City Bans Discrimination Based On Hairstyle

On January 25, 2019, New York Governor Andrew Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA), which prohibits discrimination based on gender identity or expression. Under the law, “gender identity or expression” is defined as a “person’s actual or perceived gender-related identity, appearance, behavior, expression or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.” 
Continue Reading Transgender Discrimination Outlawed in New York

On February 4, 2019, New Jersey Governor Phil Murphy signed into law legislation, available here, which gradually raises the minimum wage in New Jersey to $15 per hour by the year 2024 for many workers in New Jersey. Under this law, for employers with more than six employees, the current New Jersey statewide minimum wage of $8.85 will incrementally rise to $15 per hour as follows:

Date of Increase Minimum Wage Amount
July 1, 2019 $10 per hour
January 1, 2020 $11 per hour
January 1, 2021 $12 per hour
January 1, 2022 $13 per hour
January 1, 2023 $14 per hour
January 1, 2024 $15 per hour


Continue Reading New Jersey Minimum Wage Set to Increase to $15 Per Hour by 2024