New York Governor Hochul Passes Bill that Modifies the Definition of Clerical and Other Workers
Recently, New York Governor Kathy Hochul signed bill S5572/A6796 that amends the New York Labor Law’s definition of “clerical and other worker.” Specifically, the new legislation increases the minimum weekly earnings that a bona fide executive, administrative, or professional employee must receive to be excluded from the category of “clerical and other worker,” from $900 […]
New York Enacts Law Regarding Captive Audience Meetings
On September 6, 2023, New York Governor Kathy Hochul signed the captive audience bill into law which prohibits employers from coercing employees into attending or participating in meetings sponsored by the employer concerning the employer’s views on political or religious matters. The legislation also requires employers to post a sign in every workplace informing employees of […]
New York Prohibits Employers from Accessing Employees’ Personal Social Media Accounts
Recently, New York enacted a law that prohibits an employer from requesting or requiring that an employee or applicant for employment disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices. The new law also prohibits employers from retaliating against employees and applicants who refuse […]
New York State Enacts New Legislation Strengthening Penalties Against Employers for Wage Theft
New York State Governor Hochul recently signed legislation (S2832-A/A154-A) to make wage theft a form of larceny and allow prosecutors to seek stronger criminal penalties against employers who steal wages from workers. Specifically, the new legislation amends Section 155.00 of the New York Penal Law to add “compensation for labor or services” to the definition […]
New York City Enacts Legislation Prohibiting Discrimination on the Basis of Height and Weight
New York City has passed legislation amending the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination on the basis of height and weight. The law will become effective November 22, 2023. The new law amends the NYCHRL to include height and weight as protected categories and New York City employers will be prohibited […]
Reminder: New York State Pay Transparency Law Effective September 17, 2023
As we previously reported, effective September 17, 2023, employers will be subject to the New York State Pay Transparency law. Pursuant to the new law, employers who advertise a job, promotion, or transfer opportunity must include: (1) the compensation or a range of compensation for such job, promotion, or transfer opportunity; and (2) the job […]
U.S. Department of Labor Proposes to Raise the Exempt Salary Threshold
On August 30, 2023, the United States Department of Labor (“DOL”) announced a proposed rule that would significantly increase the minimum weekly salary to qualify for the Fair Labor Standards Act (“FLSA”) white collar exemptions. The minimum salary would increase from $684 per week (the annual equivalent of $35,568) to $1,059 per week (the annual […]
NLRB Establishes New Standard for Evaluating Workplace Policies
The National Labor Relations Board (“NLRB” or “Board”) recently released the decision Stericycle Inc., which revises the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (“NLRA”). Specifically, the decision reverses the Board’s former decision in Boeing Co. and adopts a new test: specifically, could a worker reasonably read, or interpret, a […]
USCIS Announces Permanent Option for Remote Inspection for E-Verify Users and New Form I-9
Permanent Remote Review On July 25, 2023, the Department of Homeland Security (“DHS”) published a final rule that will provide eligible employers filling out the Employment Eligibility Verification Form I-9 an optional alternative to the in-person physical document examination method that employers have followed as part of the Form I-9 process. The alternative procedure is […]
New York State Minimum Wage to Increase in 2024
New York State Governor Kathy Hochul has signed the New York State 2024 Budget Agreement into law, which contained increases to the State’s minimum wage rates. Effective January 1, 2024, the minimum wage will increase incrementally over the next few years based on the region where employees work as follows: Effective Date New York […]
Supreme Court Redefines Standard for Religious Accommodation Requests
In a recent holding, the United States Supreme Court has redefined the religious accommodation standard under Title VII of the Civil Rights Act of 1964 (“Title VII”). In Groff v. DeJoy, the Court held that an employer must allow a religious accommodation for employees unless the employer can show the burden of doing so “is […]
New York WARN Act Amendments
The New York State Worker Adjustment and Retraining Notification Act (“NY WARN Act”) requires covered businesses to provide early warnings of closures and layoffs to all affected. Recently, the New York Department of Labor issued final regulations making changes to the NY WARN Act regulations and on June 21, 2023, those amendments took effect. Some […]