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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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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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Supreme Court Says Agreements To Arbitrate Classwide Claims Must Be Clear

The U.S. Supreme Court sided with an employer on April 24, 2019 by ruling that a worker needs to individually arbitrate his claim against the company rather than bring a classwide claim. In an arbitration agreement, employers and workers can agree in advance to have a neutral third party (an arbitrator) decide legal claims rather …

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UNITED STATES DEPARTMENT OF LABOR CIVIL MONETARY PENALTIES INCREASED

Effective Jan. 23, 2019, the U.S. Department of Labor (DOL) increased the civil monetary penalties for violating federal minimum wage, overtime, posting and safety requirements. The higher penalty amounts apply to penalties assessed after that date for Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Occupational Safety and Health Act (OSH …

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NEW YORK CITY’S NEW PAYCHECK FAIRNESS ACT

A new New York City law, set to go into effect in October, 2017, will bar employers within the five boroughs from asking job candidates about their salary history. The law is meant to address the issue of pay inequality between men and women, as well as wage discrimination against minorities.  In 2015, women earned …

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NEW YORK CITY’S NEW “FREELANCE ISN’T FREE” ACT

A new law which establishes and enhances protections for freelance workers went into effect in New York City on May 15, 2017.  This law gives freelance workers the right to (a) a written contract, (b) timely and full payment, and (c) protection from retaliation. The law establishes penalties for violations of these rights, including statutory damages, double damages, …

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FEDERAL COURT PUTS A BRAKE ON NEW OVERTIME RULES

A federal district court in Texas has issued a preliminary injunction regarding the United States Department of Labor’s (USDOL’s) new federal overtime rule.  The new rule, which is set to double the Fair Labor Standards Act’s (FLSA’s) salary threshold for employees deemed exempt from overtime pursuant to the executive, administrative, and professional exemptions, was set to go …

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EEOC ‘CAUSE’ FINDING MAY BE HARMFUL BUT DOESN’T MEAN AN AUTOMATIC LOSS

Equal Employment Opportunity Commission (EEOC) investigations typically end when the EEOC issues a notice of dismissal and right-to-sue letter granting the charging party ninety (90) days to file a lawsuit under one or more of the federal statutes the agency enforces – Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act …

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