Tailored Solutions For Employment Law Matters
As a reminder, on October 31, 2017, the law prohibiting employers in New York City from asking about salary history goes into effect! We blogged about this issue previously here: Please ensure that you are aware of this law and are guided accordingly. To the extent employment applications requested this information, they should be revisited and interviewers should be guided…
On April 6, 2018, in the case of Rana v. Islam, Case No. 16-CV-3966, the Second Circuit resolved a split in the circuits over whether liquidated damages for unpaid wages are recoverable under both the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). This resolved a split among district courts within the Second Circuit. In cases filed…
Business disputes are messy … and costly. Ranging from contract to real estate disputes, the Firm has experience in commercial litigation matters. Prior to engaging in litigation, the Firm attempts to resolve these disputes through negotiation or mediation. If the matters cannot be resolved amicably, the Firm will represent clients in state court or arbitration to achieve their desired results.…
On February 26, 2018, the Second Circuit Court of Appeals held in the case of Zarda v. Altitude Express, Inc. that discrimination on the basis of sexual orientation is a violation of Title VII of the Civil Rights Act of 1964. The decision overturned prior Second Circuit precedent from 2005 holding that sexual orientation claims are not actionable under Title…
Recently, both New York State and New York City made changes to their laws to deal with the pervasive issue of sexual harassment in the workplace. A number of different laws are being enacted, the highlights of which are provided below. New York State Mandatory Arbitration of Sexual Harassment Claims Prohibited. Effective July 11, 2018, employers will be prohibited from…
Today (May 21, 2018), the United States Supreme Court, in the case of Epic Sys. Corp. v Lewis, held that employers can require – as a condition of employment – that employees waive their rights to participate in class action lawsuits. As a result, employers can now rely on arbitration provisions in employment contracts and handbooks as being effective tools…
Effective June 4, 2018, employers in New York City will officially have additional obligations to follow as it pertains to notifying employees about their rights under the Earned Sick Time Act (the “Act”). On May 5, 2018, the Act added amendments to provide employees with “safe time” to employees – or a family member of the employee – who are…
As the end of the year is approaching, it is important to remind New York State employers and employees of the increased minimum wages that affect both hourly and salaried employees. For hourly, non-exempt workers, please see the below chart for basic hourly minimum wage increases that go into effect as of December 31, 2018: NYC – Large Employers (11…
On August 24, 2018, the New York State Division of Human Rights (“NYSHRL”) and the New York Department of Labor (“NYSDOL”) issued their long-awaited proposed model anti-sexual harassment policy and model anti-sexual harassment training program, which can be found here. As set forth in our prior blog, every New York State employer must promptly adopt and distribute an anti-sexual harassment…
On October 1, 2018, a little over one week before the October 9, 2018 effective date, New York State published the FINAL model policy and training for employers and employees to view on the New York State website. The following documents and information can be found here: Model Sexual Harassment Prevention Policy; Model Complaint Form; Model Harassment Prevention Training Program;…
