Employment Law Spotlight

Providing Developments & Insight on Trending Topics in Employment Law

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Employment Law Spotlight

New York State Passes Statewide Paid Sick Leave Related to COVID-19

By Saima Sheikh & Amy J. Traub

March 19, 2020

Last night, Governor Andrew Cuomo of New York signed a bill into law that provides statewide paid sick leave related to the COVID-19 pandemic to employees in order “to address the immediate need of employees affected by COVID-19 who are subject to mandatory or precautionary orders of quarantine or isolation” issued by New York state, the Department of Health, a local board of health, or any government entity authorized to issue such order due to…

Employment Law Spotlight

Gator in Your Basement? Nope, That’s Just the NLRB Sharpening Its Joint Employer Test

By Todd Lebowitz

March 3, 2020

“Be careful as you go down the stairs, officer. An alligator lives in my basement.” Police in Madison Township, Ohio, last week found a 5-foot gator penned in the basement of a family home. The family said that “Alli” was a pet they’ve raised for 25 years, since purchasing him as an adorable little tot at a reptile shop. (My, how they grow.) The family accepted responsibility and avoided legal liability because they allowed to…

Employment Law Spotlight

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

By Jacob A. Bruner & Nathan A. Schacht

February 13, 2020

Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private employers. The Order will also succeed the currently operative Amended Minimum Wage Order #35, which is the source of Colorado’s wage rights and responsibilities beyond those provided by law. The Order, like the department’s prior annually issued wage orders, includes laws pertaining…

Employment Law Spotlight

Bring Forth the Tiger-Dogs! Here’s a Quick Status Check on the Challenges to California’s New Independent Contractor Law

By Todd Lebowitz

February 10, 2020

When outside forces pose a threat to people’s livelihood, people will go to great lengths to fight back. For example, when monkeys began ravaging the crops of a farmer in Karnataka, India, the imaginitive farmer painted his dog to look like a tiger, to scare away the pesky invaders. [Photo here.] Business owners in California are taking more conventional measures to fight back againt the tyranny of Assembly Bill 5, the new California…

Employment Law Spotlight

What Is Joint Employment? New DOL Rules Take Effect in 60 Days

By Todd Lebowitz

January 13, 2020

This week’s post is Family Feud Style. Name Three Things That Sound Like They Would Be “Joint Employment” But Are Not: 1. Long-haired, easy-going product tester at the local wacky tobacky dispensary. 2. Note taker at an orthopedist’s office. 3. The guy on radio ads for non-approved supplements claiming to relieve joint pain who says – really, really fast – “These statements not approved or validated by the FDA.” Each of those jobs has something to…

Employment Law Spotlight

UPDATE: Texas Legislature and Courts Clash With Cities Over Mandatory Sick Leave: What Employers Need to Know

By Courtney Warren

November 26, 2019

This is an update to previous posts from June 24, 2019 and July 31, 2019. On Friday, November 22, Bexar County Judge Peter Sakai ordered that San Antonio’s paid sick leave ordinance, which was scheduled to take effect December 1, be delayed once again. Implementation of the ordinance was first delayed in July of this year by agreement of the City of San Antonio and the business groups challenging the ordinance. Following court approval…

Employment Law Spotlight

Not Dead Yet: The States’ New Strategy for Attacking Independent Contractor Misclassification Can Be Relentless — and Costly.

By Todd Lebowitz

November 20, 2019

For years, state governments have claimed they were losing hundreds of millions of dollars in unpaid withholdings as a result of independent contractor misclassification. Now, one state is making a grab for a massive piece of that pie — all at once. On November 12, the state of New Jersey sent a bill to Uber Technologies for $459 million and a bill to its subsidiary Rasier LLC for $642 million seeking unpaid contributions, penalties, and…

Employment Law Spotlight

New York City Extends NYCHRL Employment Protections to Freelancers and Independent Contractors

By Amy J. Traub

November 18, 2019

On Oct. 13, 2019, New York City enacted Int. 136-A (the Law), expanding the employment protections of the New York City Human Rights Law (NYCHRL) to freelancers and independent contractors. The Law will take effect on Jan. 11, 2020. The NYCHRL applies to employers with four or more employees. The Law changes the counting rule so that, when determining whether there are four employees, the headcount will now include (i) interns, freelancers and independent contractors…

Employment Law Spotlight

California Court of Appeal Determines Customer of Staffing Agency Is Employer Because of Direction and Control

By Eric W. Witt

November 8, 2019

In Jimenez v. U.S. Continental Marketing, Inc., the California Court of Appeal addressed whether the plaintiff and appellant, Elvia Velasco Jimenez, was an “employee” of a contracting employer under the California Fair Employment and Housing Act (FEHA). In answering this question, the court also provided useful guidance to California businesses on the standard for whether an employment relationship exists under the FEHA. This guidance is particularly relevant for staffing companies and their clients because there can…

Employment Law Spotlight

Ahead of 2020 Election, New York City Issues Enforcement Guidance on National Origin and Immigration Status Discrimination

By Amanda Van Hoose Garofalo

October 21, 2019

Immigration has been at the forefront of news reports and court cases recently, and has already proven to be a hot button issue for the 2020 election candidates to debate. As we move closer to the election, such political conversation may find its way into the office. If it does, employers should ensure that they know what is and is not permitted commentary and actions with respect to individuals who are not U.S. citizens or…

Employment Law Spotlight

Providing Developments & Insight on Trending Topics in Employment Law

Blog Authors

New York State Passes Statewide Paid Sick Leave Related to COVID-19

Gator in Your Basement? Nope, That’s Just the NLRB Sharpening Its Joint Employer Test

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

Bring Forth the Tiger-Dogs! Here’s a Quick Status Check on the Challenges to California’s New Independent Contractor Law

What Is Joint Employment? New DOL Rules Take Effect in 60 Days

UPDATE: Texas Legislature and Courts Clash With Cities Over Mandatory Sick Leave: What Employers Need to Know

Not Dead Yet: The States’ New Strategy for Attacking Independent Contractor Misclassification Can Be Relentless — and Costly.

New York City Extends NYCHRL Employment Protections to Freelancers and Independent Contractors

California Court of Appeal Determines Customer of Staffing Agency Is Employer Because of Direction and Control

Ahead of 2020 Election, New York City Issues Enforcement Guidance on National Origin and Immigration Status Discrimination

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