New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: New York Law

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New York Proposes New “Call-In” Pay and Scheduling Requirements

Posted in New York Law, Wage and Hour
Employers in New York will be subject to new “call-in” pay and scheduling requirements under recently-proposed state Regulations.  Governor Andrew Cuomo recently announced these proposed Regulations, which the New York State Department of Labor (“DOL”) will reportedly publish in the State Register on November 22, 2017. New York regulators have recently focused their enforcement sights… Continue Reading

NYC Passes Amendment to Earned Sick Time Act to Include “Safe Time” for Domestic Violence Victims

Posted in New York Law
On November 6, 2017, New York City Mayor Bill de Blasio signed into law an amendment to the City’s administrative code which would afford leave time to victims of family offense matters, sexual offenses, stalking, and human trafficking, and their family members.  The amendment will take effect 180 days after the Mayor’s signing (May 5,… Continue Reading

New York State Releases Paid Family Leave Certification Forms

Posted in New York Law, Paid Family Leave
The New York State Workers’ Compensation Board (“WCB”) has just released the long-awaited Paid Family Leave (“PFL”) forms. There is a general application form (PFL-1), as well as various certification forms depending on the type of leave requested: To apply for PFL to bond with a newborn or a newly adopted or fostered child, the… Continue Reading

New York State Releases Waiver and Voluntary Coverage Forms

Posted in New York Law
The New York Workers’ Compensation Board recently released three key forms associated with Paid Family Leave (“PFL”): PFL-Waiver:  “Employee Opt-Out of Paid Family Leave Benefits” PFL-135:  “Employer’s Application for Voluntary Coverage” (No Employee Contribution) PFL-136:  “Employer’s Application for Voluntary Coverage” (Employee Contribution Required) These are the first forms that the WCB has formally published in… Continue Reading

Paid Family Leave: Week 2 of Q&As

Posted in New York Law
Welcome to Week 2 of Bond’s New York Paid Family Leave (“PFL”) Q&As.  Many of the most commonly asked questions during Bond’s PFL webinars focused on the intersection of the federal Family and Medical Leave Act (“FMLA”), the Disability Benefits Law (“DBL”) and PFL.  In this post, we answer some of those questions.… Continue Reading

Paid Family Leave: Week 1 of Q&As

Posted in New York Law
Thank you to everyone who attended Bond’s webinar on New York Paid Family Leave (“PFL”) on Tuesday, July 25, 2017.  We had a tremendous turnout and received hundreds of questions.  While we didn’t have the opportunity during the webinar to address all of the inquiries that we received, we noted afterwards that many employers raised… Continue Reading

Ready, Set, Go! New York Adopts Final Paid Family Leave Regulations

Posted in New York Law
The New York Workers’ Compensation Board published its final regulations implementing the New York Paid Family Leave Law today, Wednesday, July 19, 2017.  The final regulations largely mirror the proposed regulations issued on May 24, but the Board provided further clarification in certain areas.  For example, in its commentary, the Board clarified the rules applicable… Continue Reading

New York Court of Appeals Holds that Out-of-State Entities Can be Liable for Aiding and Abetting Discrimination Under the New York Human Rights Law

Posted in Employment Discrimination, New York Law
Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice:  you can be subject to liability under the New York Human Rights Law (“NYHRL”) if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals. … Continue Reading

New York Publishes Revised Proposed Regulations for Paid Family Leave

Posted in New York Law
Yesterday, May 24, 2017, the New York Workers’ Compensation Board (the “Board”) issued another set of proposed regulations implementing the New York Paid Family Leave Law (PFL).  The initial proposed regulations were published on February 22, 2017, as discussed in a previous blog article.  During the comment period that followed, the Board received 117 formal… Continue Reading

New York City Law Protecting Freelance Workers Goes Into Effect on May 15, 2017

Posted in New York Law
A new New York City law covering freelance workers goes into effect on May 15, 2017.  The law, informally called the “Freelance Isn’t Free Act,” gives non-employee independent contractors the right to a written contract upon request.  Penalties are imposed for failing to provide a contract on request, failing to pay freelancers timely and in… Continue Reading

Adding Inevitability to the Often Disfavored Inevitable Disclosure Doctrine

Posted in Employment Contracts, New York Law
In a prior blog post, we used the Star Wars Universe as the backdrop for a discussion about obtaining a preliminary injunction in the context of a noncompete agreement.  But we left a discussion of the inevitable disclosure doctrine for another day.  Today is that day. By way of background, the inevitable disclosure doctrine typically… Continue Reading

A “Fair and Balanced” Look at a Salary Claw-Back Against an Alleged Serial Sexual Harasser

Posted in New York Law
One of underlying themes of the now defunct “O’Reilly Factor” was that the liberal elites have brought about the “wussification” of America.  In Mr. O’Reilly’s world, personal responsibility has given way to excuses and coddling, begging the question:  where is good old fashioned comeuppance when it is needed?  We can answer that question. While Mr.… Continue Reading

NYSDOL Regulations Regarding Payment of Wages by Debit Card and Direct Deposit Have Been Revoked

Posted in New York Law, Wage and Hour
In a decision issued yesterday, the New York State Industrial Board of Appeals (IBA) revoked the regulations regarding payment of wages by debit card and direct deposit.  While the full decision is available here, the upshot is that the IBA concluded that the Commissioner exceeded his “rulemaking authority and encroached upon the jurisdiction of the banking… Continue Reading

NYSDOL Posts Draft Model Templates for Payroll Debit Cards and Direct Deposit Notice and Consent

Posted in New York Law, Wage and Hour
Pursuant to new regulations that take effect on March 7, 2017, New York employers will be required to satisfy certain notice requirements and obtain employees’ informed consent before paying wages by debit card or direct deposit.  (Additional information concerning those regulations can be found here.)  In connection with those regulations, this week the New York State… Continue Reading

It’s Official — New York’s Salary Threshold for the Executive and Administrative Exemptions Is Increasing — THIS WEEK

Posted in New York Law, Wage and Hour
As expected, this morning, the New York State Department of Labor published its final rule increasing the salary threshold applicable to exempt executive and administrative employees in New York State. While the ultimate fate of the USDOL’s regulations remains unclear, New York employers now know that the salary threshold applicable to exempt executive and administrative… Continue Reading

New York State DOL Issues Regulations on Payroll Debit Cards

Posted in New York Law
On September 7, 2016, the New York State Department of Labor adopted regulations governing the payment of employee wages by any method other than cash or check, including direct deposit and payroll debit cards.  The purpose of the new rules, which will become effective on March 7, 2017, is to ensure that workers who are paid… Continue Reading

New York’s Fantasy Sports Law at Work

Posted in New York Law
On August 3, 2016, Governor Andrew Cuomo signed a law legalizing fantasy sports in New York.  The timing is critical to the industry, as it may enable major fantasy sports providers to reopen operations in New York by the beginning of the National Football League season in September.  Football is easily the most popular U.S.… Continue Reading