Increased Fines Imposed for I-9 Regulation Violations
On June 28, 2024, the United States Department of Homeland Security (“DHS”) issued a final rule that will impose higher fines on employers that fail to comply with I-9 regulations. According to DHS, the final rule adjusts its civil monetary penalties for 2024 to account for inflation. The increased penalties for I-9 violations are as […]
New York State Freelance Isn’t Free Act Takes Effect on August 28, 2024
On November 22, 2023, New York Governor Kathy Hochul signed into law the “Freelance Isn’t Free Act,” which provides new protections for freelance workers throughout the state. The new law takes effect on August 28, 2024, and sets forth certain requirements for employers when retaining the services of a freelance worker. The key aspects of […]
U.S. Department of Labor Issues Final Rule Increasing Overtime Exemption Threshold and Salary Requirements for Highly Compensated Employees
The U.S. Department of Labor has published a final rule that raises the minimum salary threshold to qualify for the executive, administrative, or professional exemptions from overtime under the Fair Labor Standards Act (“FLSA”). The final rule also increases the salary requirements for the highly compensated employee exemption and provides for future updates of these […]
Reminder: New York City Employers Must Post and Distribute“Know Your Rights at Work” Poster by July 1, 2024
As we previously reported, beginning July 1, 2024, New York City employers must display and distribute the “Know Your Rights at Work” poster which can be found here: https://www.nyc.gov/assets/dca/downloads/pdf/workers/KnowYourRightsAtWorkPoster.pdf. The poster contains a QR code that refers employees to the New York City Workers’ Bill of Rights website. Employers are required to post the “Know […]
Reminder: June 4th is the Deadline for Filing EEO-1 Reports
As you may know, private employers with at least 100 employees must file an EEO-1 report that organizes employee demographic data by employee job category, as well as gender and race/ethnicity, and submit that data to the Equal Employment Opportunity Commission (“EEOC”) on an annual basis. The deadline for employers to file the 2023 EEO-1 […]
EEOC Issues Updated Guidance on Workplace Harassment
On April 29, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance on workplace harassment to address recent legal developments and emerging issues in the workplace. The EEOC’s new guidance covers the three components of a harassment claim: (1) the covered bases and causation; (2) discrimination respecting a term, condition, or privilege of employment; […]
NYC Prohibits Provisions in Employment Agreements that Shorten the Time Employees Can Bring Discrimination Claims
Effective May 11, 2024, the New York City Human Rights Law (“NYCHRL”) was amended to prohibit any term of an employment agreement that shortens the time for employees to file a claim of unlawful discriminatory practices, harassment, or violence under the NYCHRL. Employees have one year to file a complaint with the New York City […]
New York State 2025 Budget Provides End Date for COVID-19 Paid Sick Leave and Amends Labor Law to Require New Paid Prenatal Personal Leave
On April 20, 2024, Governor Kathy Hochul signed the Fiscal Year 2025 New York State Budget (the “2025 NYS Budget”), implementing two significant changes to New York leave laws. Importantly, the 2025 NYS Budget establishes that New York State COVID-19 paid sick leave will come to an end as of July 31, 2025 (this is delayed […]
FTC Issues Final Rule that Bans Most Non-Compete Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule approving its proposal to ban non-compete agreements for all workers including independent contractors, externs, interns, volunteers, apprentices, and sole proprietors who provide a service to a person. Specifically, the rule states that “…it is an unfair method of competition – and therefore […]
EEOC Issues Final Rule to Implement the Pregnant Workers Fairness Act
On April 15, 2024, the EEOC issued a final rule and interpretive guidance on the Pregnant Workers Fairness Act (“PWFA”). The final rule provides clarification on the law, which took effect June 27, 2023. As you may recall, the PWFA requires a covered entity to provide reasonable accommodations to a qualified employee’s or applicant’s known […]
Reminder: Effective March 20, 2024, New York City Earned Safe and Sick Time Act Allows a Private Right of Action
As we previously reported, effective March 20, 2024, the New York City Earned Safe and Sick Time Act (“ESSTA”) now allows employees to bring a private right of action for alleged violations of ESSTA. Employees will have two years from the date they first knew or should have known about the alleged violation to file […]
Federal Court Vacates NLRB’s New Joint Employer Rule
As we previously reported, the National Labor Relations Board (“NLRB”) issued a final rule addressing the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). Before the new rule became effective, the Chamber of Commerce of the United States brought a lawsuit in the Easter District of Texas, seeking to have the […]