New York Labor & Employment Law Blog

Today’s Jaspan Schlesinger LLP Business Law Blog publication by partner Robert Londin is about protecting your privacy and information from “phishing” attacks. This subject is of general interest and important to all businesses and people which is why we are sharing with labor and employment blog readers as well. In these times of pandemic, many good people (like essential workers, first responders, and doers of random acts of kindness and charity) continue to help others.…
With Election Day rapidly approaching, New Yorkers are already making voting plans with an eye towards the long lines that await them at their local polling place.   To best ensure that they will be able to cast an in-person ballot on November 3rd — in what is being touted as the most important election of our lifetime (Newsflash: this same declaration is made every four years) –many voters will have to juggle work schedules, family…
New York City Mayor Bill DeBlasio has signed legislation extending the effective period of certain legal protections designed to support the City’s businesses and their employees during the pandemic. The first bill extends and expands the City’s paid safe and sick leave law to reach more workers. The other two bills extend protections for commercial tenants and hotel workers. Paid Safe and Sick Leave Effective September 30, 2020, Intro. 2032-A amends the City’s administrative code…
On September 25, the U.S. Department of Labor (DOL) proposed regulations which, if adopted, would establish factors for determining whether an individual is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The FLSA requires employers maintain certain records regarding employees and provide a federal minimum wage and overtime to nonexempt employees. (Please see here for a discussion about joint employer obligations under the FLSA).  Currently, the FLSA defines (i) “employee” as…
Earlier this year, New York State enacted a new  sick leave law, which becomes effective Wednesday, September 30. This law requires all New York State employers to allow employees to accrue sick leave. Although accrual of sick leave begins on the 30th, employees may not take the leave until January 1, 2021. This law is separate and distinct from the New York State emergency paid sick leave law, which went into effect March 18, 2020…
As the legal and regulatory schemes arising from COVID-19 continue to shift and evolve, it is crucial that employers stay up to date on the latest in compliance. To that end, certain agencies offer primers and fact sheets to help guide the way. Just this month, for instance, the Equal Employment Opportunity Commission (“EEOC”) updated its online primer on COVID-19 and the Americans with Disabilities Act (“ADA”), the Rehabilitation Act, and more. These updates, which…
We previously blogged about a decision of the U.S. District Court for the Southern District of New York (SDNY) that invalidated portions of the U.S. Department of Labor’s (USDOL) final rule (Original Final Rule) relating to paid coronavirus leave under the Families First Coronavirus Response Act (FFCRA). To recap, that ruling: (1) invalidated USDOL’s rule that paid leave is only available if an employer has work for an employee to take leave from, because USDOL…
Elementary and secondary school students throughout New York State have begun returning to the classroom—in some cases virtually—over the last several days. Whether or not students will attend school in person depends on a number of factors, such as the parameters of each school district’s reopening plan, the child’s grade level, whether or not the child has an individualized education plan and parental preference. As an outgrowth of this new educational landscape, employers must learn…
As businesses and offices reopen during the continuing COVID-19 pandemic, employers must ensure they do not violate employment discrimination laws and regulations as they develop plans and procedures to abide by social distancing and safety guidelines required by federal, state and local law. Recent technical assistance questions and answers from the U.S. Equal Employment Opportunity Commission (EEOC) state that equal employment opportunity laws do not interfere with or prevent employers from following the guidance put…
In response to the novel coronavirus pandemic, Congress enacted the Families First Coronavirus Response Act (FFCRA). Among other things, this law provides employees impacted by COVID-19 with paid emergency sick leave and paid emergency family leave in certain circumstances. The portion of the FFCRA that relates to paid emergency sick leave is referred to as the Emergency Paid Sick Leave Act (EPSLA) and the portion that relates to paid emergency family leave is known as…