Legal & Legislative

    New York City Enacts Legislation Prohibiting Discrimination Based on Height, Weight
    Richard I. Greenberg, Daniel J. Jacobs, Howard Shapiro & Jack B. Greenhouse
    New York City Mayor Eric Adams has signed legislation amending the New York City Human Rights Law to prohibit discrimination based on a person’s height or weight in employment, housing, and public accommodations. The new law will become effective on November 22, 2023. As stated by Mayor Adams: No one should ever be discriminated against based on their height and weight. We all deserve the same access to employment, housing, and public...
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    2022 New York Roundup: State, City Legislative and Related Developments
    Richard I. Greenberg, Daniel J. Jacobs, Henry S. Shapiro and Christopher M. Valentino
    In 2022, New York State and New York City enacted many new workplace laws, creating additional obligations for employers.  New York State Legal Updates New York State and City COVID-19 Requirements In 2022, several COVID-19-related laws and mandates were repealed in New York State and City, but other employer obligations...
    U.S. Supreme Court Holds Employees Paid on a ‘Day Rate’ Basis Are Entitled to Overtime Pay
    Jeffrey W. Brecher, Justin R. Barnes and Charles H. Wilson
    Affirming an en banc decision of the U.S. Court of Appeals for the Fifth Circuit, the U.S. Supreme Court has held that an employer’s day-rate pay structure did not satisfy the “salary basis” component of the “white collar” executive exemption under the Fair Labor Standards Act (FLSA), even though the employee at...
    Mid-Year Legal Update, Pending Legislation and What Employers Should Do Next
    Thomas Kung, Esq; Richard Stern, Esq.
    Mid-Year Legal Update Hotline for Workplace Harassment Complaints Earlier this year, New York State passed a law requiring the establishment of a confidential, state-wide, toll-free telephone hotline to provide counsel and assistance to individuals with complaints of workplace sexual harassment.  On July 19, 2022, Governor Hochul announced the launch of...
    New Guidance Issued by Department of Labor Regarding Mental Health and the FMLA
    Luke P. Breslin
    On May 25, 2022, during Mental Health Awareness Month, the Wage and Hour Division (WHD) of the Department of Labor, the agency responsible for enforcing the Family and Medical Leave Act (FMLA), issued Fact Sheet # 28O and related Frequently Asked Questions, which discuss mental health and leaves of absence under the FMLA....
    New York City Pay Transparency Law to Take Effect in November 2022
    Stacey A. Bastone, K. Joy Chin, Richard I. Greenberg, Daniel J. Jacobs, Michael Jakowsky and Shannon D. Azzaro
    The New York City Council has pushed back implementation of the salary transparency law from May 15, 2022, to November 1, 2022. On January 15, 2022, New York City enacted legislation requiring all covered employers to include a minimum and maximum salary for the position advertised. The new law was set to...
    The Rule of Simplicity for Safe and Compliant Workplaces
    Steve Wilson
    As a New York employer, I know it can be overwhelming to ensure you are providing a safe and compliant workplace for your employees – especially as ongoing COVID variants emerge.  As the head of OnTask's product management, I've helped a range of businesses meet these challenges and come away...
    New York City Enacts Paid COVID-19 Child Vaccination Leave
    Richard I. Greenberg and Daniel J. Jacobs
    The New York City Earned Safe and Sick Time Act has been expanded to require private employers provide parents with four hours of paid COVID-19 child vaccination time for each vaccine injection for each child, whether to use for the vaccination time itself or side effects. The new law applies retroactively to November 2,...
    Affordable Care Act Compliance Reporting – Challenges for HR lay ahead
    David Cotie
    Yes, the dreaded time of the year is almost here; 1095 Forms are coming! 2021 Affordable Care Act Reporting for “Applicable Large Employers” (those with 50 or more “Full-Time Equivalents” in the prior calendar year) is right around the corner. ACA Reporting (under IRS codes 6055 & 6056) has been...
    Finish the Year Strong: Strive to Meet Your 2021 Retirement Savings Goals
    Brian Ross
    With 2022 inching closer, now is a good time to check in on the goals you set back in January and to take stock of how you’re tracking against them. If you haven’t achieved your retirement savings goals for 2021 yet, don’t despair! Remember, saving for retirement is a long-term...
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