The New York City Council has passed a bill that creates a private right of action for individuals claiming violations of the NYC Earned Safe and Sick Time Act (“ESSTA”). The Council presented the bill to Mayor Eric Adams on
Law and the Workplace
Latest from Law and the Workplace - Page 2
New York Governor Zeroes in on Employee Leave and Benefits, Wage Payment Violations, and More in Proposed FY25 Executive Budget
On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations for the coming fiscal year. This includes…
Judge Grants Workday, Inc.’s Motion to Dismiss in Groundbreaking AI Class Action Lawsuit Mobley v. Workday
In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening tools discriminate against job applicants based on…
D.C. Mayor Approves Law Expanding Reach of D.C. Minimum Wage Law
On January 10, 2024, D.C. Mayor, Muriel Bowser, signed the “Minimum Wage Clarification Amendment Act of 2023” into law. If the Act is not overturned by Congress, it will expand the circumstances where employers must pay employees D.C.’s…
New York Governor’s Proposed FY25 Budget Includes Measure to Eliminate Liquidated Damages for Pay Frequency Violations
On January 17, 2024, New York Governor Kathy Hochul released her proposed Executive Budget for fiscal year 2025. The budget includes proposed legislation that would amend the New York Labor Law to confirm that liquidated damages are not available as…
D.C. Mayor Signs Bill Requiring Compensation Disclosures and Prohibiting Use of Wage History
On January 12, 2024, D.C. Mayor, Muriel Bowser, signed the “Wage Transparency Omnibus Amendment Act of 2023.” If not overturned during the subsequent 30-day Congressional review period, beginning June 30, 2024, employers with at least one employee in…
New York Appellate Division Says No Private Action for Violations of Weekly Pay Law, Creating Split in Precedent
In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2024 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of Labor—requires New…
New York State Employers Must Provide Updated Record of Employment to Separating Employees (and Beyond)
New York State employers are reminded that, under an expansion of the law that took effect in late 2023, they are required to provide all separating employees with an updated Record of Employment (Form IA 12.3) for purposes of state…
DOL Releases New Independent Contractor Rule
The U.S. Department of Labor issued its long-awaited new rule on independent contractor classification on January 9, 2024. It will be published in the Federal Register on January 10, and take effect on March 11, 2024.
With only a few…
White House Clears Independent Contractor Final Rule
On January 2, 2024, the Office of Information and Regulatory Affairs (OIRA) completed its review of the U.S. Department of Labor’s final rule on independent contractor classification under the Fair Labor Standards Act. The rule now heads back to DOL…