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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...

Alina Nadir
Sep 30, 20191 min read


Are Changes to Gig Worker Classifications Coming?
Historically, gig workers (think Uber drivers, InstaCart, Doordash) have been classified as independent contractors, allowing companies t...

Jennifer A. Shoemaker
Sep 17, 20191 min read


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, 20191 min read


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...

Paul F. Keneally
Sep 6, 20191 min read


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...

Alina Nadir
Aug 30, 20192 min read


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...

Jennifer A. Shoemaker
Aug 23, 20191 min read


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

Paul F. Keneally
Aug 7, 20191 min read


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..

Alina Nadir
Jul 25, 20191 min read


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 ....

Jennifer A. Shoemaker
Jul 15, 20191 min read


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...

Paul F. Keneally
Jul 9, 20193 min read


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...

Alina Nadir
Jun 25, 20192 min read


Federal DOL Proposes Changes/Clarifications to the Definition of "Regular Rate" Under the FLSA
The determination of the regular rate of pay for employees who are non-exempt under the Fair Labor Standards Act (“FLSA”) and, therefore,...

Paul F. Keneally
Jun 11, 20192 min read


Employee Paid Time Off to Vote Law Changes in New York
As part of the New York fiscal year 2020 budget announced April 1, 2019, Election Law Section 3-110 was immediately amended to allow work...

Paul F. Keneally
May 6, 20191 min read


Supreme Court to Review LGBTQ Discrimination
Last week the Supreme Court accepted three cases that ask whether federal anti-discrimination laws protect LGBT people from job discrimin...

Jillian K. Farrar
Apr 29, 20191 min read


EEOC Discrimination Charges Fall
In 2018, fewer discrimination charges were filed with the Equal Employment Opportunity Commission than in any other year in the last deca...

Jennifer A. Shoemaker
Apr 16, 20191 min read


New York Draws Closer to Legalizing Marijuana: How Employers Should Prepare
The trend to legalize marijuana continues. Governor Andrew Cuomo recently announced his intention for New York to be one of the next sta...

Jessie Gregorio
Apr 4, 20191 min read


Is it Legal to Fire an Employee Who is Out on Short-Term Disability?
This question and answer was printed in a Monroe County Medical Society 2019 Bulletin. This relatively short question implicates many emp...

Paul F. Keneally
Mar 29, 20193 min read


United States Department of Labor Issues New Opinion Letters - Part 3
The third opinion letter issued by the US Department of Labor on March 14 addressed a New York law that contradicted federal overtime law...

Jennifer A. Shoemaker
Mar 25, 20191 min read


United States Department of Labor Issues New Opinion Letters - Part 2
Another notable opinion from the U.S. Department of Labor letters issued on March 14 is that workers are not required to be paid for comm...

Jennifer A. Shoemaker
Mar 20, 20191 min read


United States Department Of Labor Issues New Opinion Letters
Yesterday, the U.S. Department of Labor (DOL) issued three opinion letters. This is the first of a series of blog posts addressing the le...

Jennifer A. Shoemaker
Mar 15, 20191 min read
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