FAMILIES FIRST CORONAVIRUS RESPONSE ACT SIGNED INTO LAW

           On Thursday, March 18, 2020,  President Trump signed into law the Families First Coronavirus Response Act (“the Act”). This Act provides for family leave for certain employees affected by the COVID-19 virus, as well as paid sick leave under certain circumstances. Emergency Sick Leave  ·         Private sector employers with fewer than 500 employees (along with governmental …

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Governor Cuomo Announces Paid Sick Leave, Job Protection for Quarantined Workers

Gov. Andrew Cuomo announced Tuesday that the New York State Legislature has agreed to a paid sick leave policy and job protection for New York employees quarantined by COVID-19. For workers who are subject to mandatory or precautionary orders of quarantine or isolation, the new legislation provides that employers with 10 or fewer employees and …

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United States Labor Department Releases Final Joint-Employer Rule

On January 12, 2020, the U.S. Department of Labor (USDOL) issued a final rule narrowing the definition of “joint employer” under the Fair Labor Standards Act (FLSA) and providing clarity to businesses about franchise and contractor relationships. In its first significant update to the joint-employer rule in more than sixty (60) years, the USDOL created …

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Disciplining Employees for FMLA and ADA Abuse

While the Family and Medical Leave Act (FMLA) gives workers the right to long blocks of leave and short, unscheduled “intermittent” leave, it doesn’t give them unfettered ability to take random days off or arrive late without a good excuse. Once the 12-week FMLA window expires, some employees seem to feel that the Americans with …

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DOL Says Certain Gig-Economy Workers Aren’t Employees

According to a recent opinion letter from the U.S. Department of Labor (USDOL), at least some gig-economy workers who find jobs through smartphone apps—such as drivers for ride-hailing services—are not covered by the federal Fair Labor Standards Act (FLSA). The distinction between an employee and an independent contractor is significant: Employees are entitled to minimum …

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Equal Pay Protections Expanded

In late 2019, New York State expanded equal pay protections to employees of all classes and characteristics covered by the State’s anti-discrimination in the workplace law. As a result, pay discrimination claims can be based not only on gender, as the prior law had mandated, but also age, race, creed, color, national origin, sexual orientation, …

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Prior Salary Inquiries Banned

Commencing January 6, 2020, employers in New York State will be prohibited from asking job applicants and current employees about their prior pay history, requesting such information from the applicant’s employee’s former employer(s), and relying on an applicant’s or employee’s prior salary history in determining salary or whether to offer employment. There are two exceptions …

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Salary Threshold for Exempt Employees Increased as of December 31, 2019

In order to be considered exempt from overtime in New York State, an employee must earn a minimum salary. That minimum has increased as of December 31, 2019. In 2020, in order to be considered exempt from overtime, an employee working for a New York City employer will have to earn a minimum of $1,125 …

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Labor Department Issues Final Rule on Calculating Regular Rate of Pay

The U.S. Department of Labor (DOL) recently announced a final rule regarding the calculation of “Regular Rate” of pay.  This new rule, which is the first update on the definition of Regular Rate of pay in more than 50 years, will take effect on January 15, 2020.  The definition of the Regular Rate of Pay is extremely …

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