Jennifer A. Shoemaker
Out of State LLC Shareholders Can Be Personally Liable for New York Unpaid Wages
Effective February 10, 2020, the ten members with the largest percentage ownership interest of an out of state LLC can be held personally...
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Paul F. Keneally
- Jan 6, 2020
- 2 min
NY Employers Now Prohibited from Activities Related to the Salary History of Prospective Employees
With the turn of the calendar to 2020, New York employers are now specifically prohibited from a various activity related to prospective ...
Jennifer A. Shoemaker
- Dec 19, 2019
- 1 min
Final DOL Ruling on Calculating Employee Overtime Pay
Last week, the United States Department of Labor issued its final rule allowing businesses to leave several “perks” out of the formula th...
Paul F. Keneally
- Dec 11, 2019
- 2 min
Can an Employer Disclose Disciplinary Action Against an Employee in NYS?
There is no generally affirmative duty under New York law to disclose or not disclose information about disciplinary action against emplo...
Alina Nadir
- Dec 10, 2019
- 2 min
Weekly Pay Period Required for Manual Workers
If you have manual workers on your payroll, ensure they are all paid with the frequency required under the law. Section 191 of New York L...
Jennifer A. Shoemaker
- Nov 15, 2019
- 1 min
FMLA "Marriage Penalty" May Be Going Away
A new Senate bill proposes removing the restriction on married co-workers’ ability to take time off to care for newborn or adopted childr...
Paul F. Keneally
- Nov 12, 2019
- 2 min
Federal DOL Proposed Rule Allows Bonus Pay to be in the Calculation of Employee Overtime Pay Rate
The fluctuating workweek half-time overtime option has been available for many years under federal law as a way for employers to reduce...
Alina Nadir
- Oct 25, 2019
- 1 min
NY's New Law Affecting Domestic Violence Victims Takes Effect in November
NY passed a new law this year that applies to employees that are victims of domestic violence. This law requires employers to provide vi...
Paul F. Keneally
- Oct 9, 2019
- 2 min
U.S. Supreme Court Argument on 10/8/19 Regarding LGTBQ Discrimination Coverage Under Title VII
Observers noted a sharp divide among the United States Supreme Court Justices during oral argument of three cases before them on October ...
Alina Nadir
- Sep 30, 2019
- 1 min
New Salary Levels for Federal Overtime Exemption Announced
The federal government has announced the new salary requirements for employees to be exempt from overtime pay under federal law. The new...
Jennifer A. Shoemaker
- Sep 17, 2019
- 1 min
Are Changes to Gig Worker Classifications Coming?
Historically, gig workers (think Uber drivers, InstaCart, Doordash) have been classified as independent contractors, allowing companies t...
Paul F. Keneally
- Sep 6, 2019
- 1 min
Paid Family Leave 2020 Rates Announced
The New York State Department of Financial Services (“DFS”) Superintendent revealed the new Paid Family Leave (“PFL”) benefit and employe...
Paul F. Keneally
- Sep 6, 2019
- 1 min
Federal DOL Set to Publish a Proposed Rule Regarding Fluctuating Workweek Pay
Under the federal Fair Labor Standards Act, employers who agree with employees who work a fluctuating number of hours each week to pay th...
Alina Nadir
- Aug 30, 2019
- 2 min
Expanded NY Anti-Harassment Legislation Has Become Law
On June 25, we wrote about new anti-harassment legislation that we expected Governor Cuomo to sign into law. On August 12, he did, in fa...
Jennifer A. Shoemaker
- Aug 23, 2019
- 1 min
NY Passes New Discrimination Laws
Continuing with its’ busy employment legislation season, New York has amended the Human Rights Law to prohibit discrimination based on re...
Paul F. Keneally
- Aug 7, 2019
- 1 min
The Employer's Duties Regarding The Safety of Employees and Others
The recent sad and tragic accident involving a young boy’s death at an outdoor grease trap at a local coffee shop brings to mind the duties
Alina Nadir
- Jul 25, 2019
- 1 min
Trump Nominates Eugene Scalia to Lead Department of Labor
Department of Labor Secretary Alex Acosta recently stepped down from the position, and President Trump has named Eugene Scalia as his repl..
Jennifer A. Shoemaker
- Jul 15, 2019
- 1 min
New York State Bans Racial Discrimination Based On Hair Texture Or Style
Both the New York State Human Rights Law and Dignity for All Students Act were expanded last Friday to ban race discrimination based on ....
Paul F. Keneally
- Jul 9, 2019
- 3 min
New Employee Wage Lien Law Expected Shortly
New York State Governor Cuomo is expected to sign a bill granting employees and former employees the power to lien real and personal prop...
Alina Nadir
- Jun 25, 2019
- 2 min
New York State's Anti-Harassment Laws Greatly Expanded
The NYS Legislature recently approved changes to the state’s discrimination and harassment laws. Governor Cuomo has indicated that he int...
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