Author: Bernadette Brassington

US Department of Labor Issues New Guidance on Mental Health Conditions and the FMLA

In honor of Mental Health Awareness Month, the Wage and Hour Division of the U.S. Department of Labor (“US DOL”) has issued new guidance and answers to Frequently Asked Questions (“FAQs”) to help clarify when eligible employees of covered employers may use FMLA leave for […]

Read More

Update on NYC Salary Disclosure Law: Effective Date Pushed Until November 1, 2022

Earlier this year, New York City passed Local Law 32 of 2022, requiring employers to include a “good faith” salary range in every advertisement for jobs, promotions and transfer opportunities in New York City. You can read more about the original law, which was first […]

Read More

NYC Salary Disclosure Law Goes Into Effect May 15, 2022

Under New York City Local Law 32 of 2022, which is scheduled to go into effect on May 15, 2022, employers and employment agencies will be required to include a “good faith” salary range in every advertisement for jobs, promotions and transfer opportunities in New […]

Read More

New York State Amends its Workplace Discrimination Laws

New York State recently amended its Human Rights Law to expand protections against workplace discrimination.  Governor Hochul signed three bills that amend the law in the following ways: Under Senate Bill S5870, an employer’s release of an employee’s personnel file may be considered unlawful retaliation […]

Read More

Employers Prohibited from Forcing Arbitration of Sexual Assault and Sexual Harassment Claims

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.  This Act allows individuals asserting claims of workplace sexual assault or sexual harassment to file their case in court, even if they signed […]

Read More

NYS Expands General Contractors’ Liability for Subcontractors’ Failure to Comply with Wage & Hour Laws

New York State continues to expand wage-theft protections for workers in the construction industry — and the potential scope of liability for employers in that industry.  Last month, Governor Hochul signed legislation creating a new Section 198-e of the New York Labor Law.  Under that […]

Read More

NYS DIVISION OF HUMAN RIGHTS SAYS NO MORE PRIVATE SETTLEMENTS

For complaints filed on or after October 12, 2021, the New York State Division of Human Rights (“NYS DHR” or the “Division”) will no longer issue Commissioner’s Orders discontinuing complaints after private settlements. This is a significant change to the NYS DHR’s long-standing practice of […]

Read More

NYS DOL Issues Guidance Concerning Adult-Use Cannabis and the Workplace

On October 8, 2021, the New York State Department of Labor (NYS DOL) published guidance relating to adult-use cannabis and the workplace under the Marijuana Regulation & Taxation Act (MRTA). The MRTA, which was enacted on March 31, 2021, legalizes and regulates the use, production, […]

Read More

DESIGNATION OF COVID-19 UNDER NYS HERO ACT EXTENDED THROUGH OCTOBER 31, 2021

The New York State Department of Health (“NYS DOH”) has extended its designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” through October 31, 2021. Accordingly, employers must continue to implement their NYS HERO […]

Read More

NYC Extends Anti-Discrimination Protections To Domestic Workers

Now that the school year is underway, it’s time for New Yorkers who employ nannies, housekeepers, or other domestic workers to make sure that they are in compliance with Int. No. 339-B, New York City’s new legislation that extends the employment protections of Title 8 […]

Read More

Employers Must Adopt and Distribute Airborne Infectious Disease Exposure Prevention Plans

Under the New York Health and Essential Rights Act (“HERO Act”), employers must now adopt and distribute – but not implement – workplace plans to protect employees during a future airborne infectious disease outbreak. Last week, the New York State Department of Labor (“DOL”), in […]

Read More

NYS Issues Guidance on Sick Leave for COVID-19 Vaccine Side Effects

In late May, the New York State Department of Labor (“DOL”) issued its Guidance on Use of Paid Sick Leave for COVID-19 Vaccine Recovery Time (ny.gov).  The Guidance states that employees may use their accrued sick leave under the New York State (“NYS”) sick leave […]

Read More

No Indemnification from Third Parties for NYS Employers: Robinson v. Great Performances/Artists as Waitresses, Inc.

A New York State (“NYS”) appellate court ruled on May 4, 2021, that NYS employers are not entitled to indemnification or contribution, whether contractual or otherwise, from a third party for claims brought under the New York Labor Law (“NYLL”).  The appellate court held that […]

Read More

3 Tips for Handling Remote Worker Reimbursement Claims

Chaim Book was quoted in a Law360 article published today, titled “3 Tips for Handling Remote Worker Reimbursement Claims” and authored by Mike LaSusa.

Read More