Board of Regents Applies for ESEA Waiver for Students with Disabilities
On February 10, 2014, the New York State Board of Regents released a memorandum detailing its decision to submit an Elementary and Secondary Education Act (ESEA) waiver renewal request. The waiver...
View ArticleEEOC and FTC Issue Guidance on Employment Background Checks
On March 10, 2014, the Equal Employment Opportunity Commission (EEOC) and the Fair Trade Commission (FTC) released joint guidance documents that explain respective duties and rights for employers and...
View ArticleSecond Circuit Says Least-Restrictive Environment Requirement Applies to...
On April 2, 2014, the U.S. Court of Appeals for the Second Circuit held that the least-restrictive environment requirement (LRE) under the Individuals with Disabilities Education Act (IDEA) applies to...
View ArticleGovernor Amends NYS Human Rights Law to Protect Unpaid Interns From...
On July 22, 2014, New York State Governor Andrew Cuomo signed a bill amending the New York Human Rights Law to grant unpaid interns protections from "discriminatory practices." The amendment is...
View ArticleNew York City Passes the Stop Credit Discrimination in Employment Act
Effective September 2, 2015, the Stop Credit Discrimination in Employment Act (the Act) will prohibit New York City employers with four or more employees from requesting or using an applicant’s or...
View ArticleNLRB Overturns 37-Year Precedent Regarding Duty to Provide Witness Statements...
On June 26, 2015, the National Labor Relations Board (NLRB) reversed its 37-year precedent, ruling in American Baptist Homes of the West, d/b/a Piedmont Gardens, that employers must disclose to unions...
View ArticleNew York City “Bans the Box”
On June 29, 2015, New York City Mayor Bill de Blasio signed into law “Ban the Box” legislation, prohibiting employers from making any inquiry of, or statement to, an applicant for the purpose of...
View ArticleThe National Labor Relations Board Issues Pivotal Decision Redefining...
On August 27, 2015, the National Labor Relations Board issued its long-anticipated decision revising the standard for determining joint-employer status under the National Labor Relations Act. As a...
View ArticleLabor Law Section Expanding Right of Employers to Make Deductions From...
New York employers will recall that on November 6, 2012, the State Legislature enacted sweeping changes to Section 193 of the State Labor Law, expanding the categories of permissible deductions that...
View ArticleGovernor Cuomo Signs Legislation Expanding Protections From Gender Bias in...
On October 21, 2015, New York State Governor Andrew Cuomo signed into law eight bills that significantly amend New York State’s equal pay, sex discrimination, harassment, and other laws to provide...
View ArticleNew York State Proposes Regulations Protecting Transgender Individuals From...
After several failed attempts to pass legislation banning discrimination and harassment against transgender individuals, New York State Governor Andrew Cuomo directed the New York State Division of...
View ArticleWage and Hour Issues in Inclement Weather Business Closures and Reductions in...
With winter weather fast approaching and potentially forcing businesses to reduce or cease operations, employers are reexamining their federal and state wage and hour obligations to employees affected...
View ArticleNew York City Bans Discrimination Based on Caregiver Status
On December 16, 2015, the New York City Council amended the New York City Human Rights Law (NYCHRL) to include “caregiver status” as a protected class. The amended NYCHRL will prohibit discrimination...
View ArticleRecent Case Serves as a Reminder that Domestic Violence Victim Status Is a...
The New York State Attorney General recently announced a settlement agreement with the Bon-Ton Stores, Inc., after an employee of a Bon-Ton store complained that her employer had discriminated against...
View ArticleNew York Regulations Governing Gender Identity Discrimination Take Effect
As we recently reported, in October 2015, Governor Cuomo introduced regulations under the New York Human Rights Law banning discrimination and harassment against transgender individuals. Following a...
View ArticleFinal Rule Amending the White Collar Exemptions is Here, Almost
On March 14, 2016, the U.S. Department of Labor submitted its Final Rule amending the white collar overtime exemptions to the Office of Management and Budget (“OMB”) for review. Generally, OMB...
View ArticleSplit Supreme Court Upholds Union Agency Fees...for Now
On March 29, 2016, the United States Supreme Court affirmed a decision permitting public-sector unions to continue collecting “agency fees” from nonmember workers. This is a major victory for public...
View ArticleSecond Circuit Holds that Human Resources Directors may be Individually...
The Second Circuit recently held that a Director of Human Resources may be individually liable for violations of the Family and Medical Leave Act (FMLA). Relying on the “economic reality” standard...
View ArticleNew York Budget Deal Includes Increases to the State Minimum Wage
The New York State 2016-17 budget contains a bill that raises the State’s minimum wage beginning on December 31, 2016. The bill provides that the minimum wage increases will be phased in as...
View ArticleNLRB Regional Director Files a Complaint Alleging that Misclassification of...
On April 18, the Regional Director for the National Labor Relations Board (the “NLRB”)’s Los Angeles office issued an unfair labor practice complaint against a transportation company, alleging that the...
View ArticleU.S. Department of Labor Announces Final Overtime Rule
The United States Department of Labor finalized its overtime rule amending the “white collar” exemptions to the federal Fair Labor Standards Act. Two years in the making, the final rule is expected to...
View ArticleNew York State Prohibits Discrimination Based on Relationship or Association
On May 18, 2016, the New York State Division of Human Rights (SDHR) adopted new regulations that prohibit discrimination based on a relationship or association with members of a protected class. The...
View ArticleNew York Proposes Increases to Minimum Salary Thresholds for Exempt Employees
As expected, the New York State Department of Labor has announced increases to the minimum salary thresholds for employees who are exempt from the New York minimum wage and overtime requirements under...
View ArticleNon-Competition Restrictions
On October 25, 2016, the White House published a “State Call to Action,” urging states to reform their noncompetition laws. The Call to Action follows an earlier report from the White House which...
View ArticleWhite House Urges States to Reform Non-Competition Laws
On October 25, 2016, the White House published a State Call to Action on Non-Compete Agreements urging states to reform their non-competition laws. The call to action follows an earlier report from the...
View ArticleFederal Court Blocks Implementation and Enforcement of the Overtime Rule
A federal court in Texas entered a nationwide injunction prohibiting the U.S. Department of Labor from implementing and enforcing its overtime rule that was slated to go into effect on December 1,...
View ArticleNew NLRB General Counsel Memorandum Hints that Changes May Be Coming
On December 1, 2017, Peter B. Robb, the new General Counsel for the National Labor Relations Board (“Board”), issued an advice memorandum outlining the Board’s enforcement priorities and policy...
View ArticleSalary Inquiry Ban In Effect for Albany County Employers
Effective December 17, 2017, employers and employment agencies in Albany County with four or more employees within the county are barred from: (1) screening job applicants “based on their wage,...
View ArticleNYS DOL Extends Comment Period for Proposed Scheduling Regulations
As we previously reported on November 22, 2017, the New York Department of Labor proposed regulations that would revise the on-call and call-in pay requirements for most employers. The proposed...
View Article2nd Circuit Court of Appeals Rules that Title VII of the Civil Right Act of...
On Monday, the U.S. Court of Appeals for the 2nd Circuit issued a decision that discrimination on the basis of sexual orientation is a violation of Title VII of the Civil Rights Act of 1964, Zanda v....
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