On April 23, 2024, the federal agencies issued two significant final rules that will affect many businesses. The first of these rules was issued by the United States Department of Labor (USDOL), and significantly increases the salary level requirement for overtime exemptions under the Fair Labor Standards Act (FLSA). The Federal Trade Commission (FTC) issued the second rule broadly banning employee non-competition agreements nationwide.
Read MoreIn our previous posts, we discussed which major federal and New Jersey employment laws are triggered based upon the number of employees a business has. This post outlines which New York employment laws are triggered as a business grows and hires more employees. To complicate matters, many employers in the New York City metropolitan area have employees working in both New York and New Jersey, so need to comply with the laws of all three jurisdictions, plus potentially New York City’s laws.
Read MoreIn our previous post, we discussed which major federal employment laws are triggered based upon the number of employees a business has. This post outlines which New Jersey employment laws are triggered as a business grows and hires more employees.
Read MoreWhether a business has one part-time employee or is a bustling corporation with hundreds on the payroll, there are employment laws that the business must follow. Unfortunately, many business owners are unaware of which laws apply or the fact that as a business grows, it will be subject to new employment laws.
Read MoreOn November 22, 2023, Governor Hochul signed into law the New York Freelance Isn’t Free Act, which mandates written contract, payment, record keeping, and anti-retaliation requirements on businesses that hire freelance workers. The Act is similar to New York City’s Freelance Isn’t Free law that was enacted in 2017, however, the State version is broader in scope and applies statewide. It becomes effective on May 20, 2024.
Read MoreA Human Resources (HR) consultant and an HR / employment law attorney are two distinct roles within the field of human resources, and they serve different functions. Yet many small business owners often confuse the two roles. This post will aim to clarify the distinction for anyone who is confused by the difference between the two roles.
Read MoreEffective February 15, 2024, the statute of limitations for unlawful discrimination under the New York State Human Rights Law (NYSHRL) becomes three years. Previously only claims for sexual harassment were subject to a three year statute of limitations under the NYSHRL, with all other claims of discrimination having a one year statute of limitations.
Read MoreOn March 12, 2024, New York Labor Law Section 201-i becomes effective and prohibits employers from requesting or requiring that an applicant or employee disclose a username, password, or other means to access a personal account or service. This will effectively ban New York employers from demanding access to employee (or applicant) personal social media accounts, videos, photographs, blogs, instant messages, or similar electronic content.
Read MoreOn January 10, 2024, the U.S. Department of Labor (USDOL) published its final rule defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final rule becomes effective March 11, 2024. The final rule rescinds the USDOL’s 2021 rule, which had arguably expanded the definition of an independent contractor under the FLSA. The USDOL has also published “Frequently Asked Questions” about the final rule.
Read MoreAs we remind our readers each year, as year-end approaches, business owners need to remain mindful of their year-end human resources compliance obligations and prepare for upcoming minimum wage increases.
Read MoreWe often get questions from our New Jersey clients about the rights of employees who are going out on pregnancy and maternity leave. New Jersey's support for pregnant women includes paid leave benefits under the Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs. This issue can be confusing to business owners who have not dealt with the issue in the past due to several overlapping laws and state benefit programs; namely temporary disability benefits and family leave insurance. Adding to the potential confusion for employers, pregnancy and maternity leave involve both disability and family leave issues, and depending on the circumstances, pregnant women may be entitled to both disability and family leave job protection, or just disability related job protection.
Read MoreAs of November 13, 2023, all employers in New York are required to inform each employee of their right to file an application for unemployment benefits at the time of a separation from employment, reduction in hours, or any other interruption of continued employment that results in total or partial unemployment.
Read MoreAs we discussed in a previous blog post, New York implemented a Pay Transparency law, which went into effect on September 17, 2023. New York’s Pay Transparency law requires employers to, among other things, include the compensation, or compensation range, in any job ad. Employers must also generally include a job description in the ad. The New York Department of Labor recently released Frequently Asked Questions (FAQs) and an Employer Fact Sheet for the Pay Transparency law.
Read MoreNew York City has amended its regulations for the City’s Earned Safe and Sick Time Act (ESSTA). The amended regulations cover numerous aspects of the ESSTA and became effective on October 15, 2023. Some of the more significant changes that might impact employer policies and practices are noted below
Read MoreOn September 15, 2023, Governor Kathy Hochul signed into law an amendment to New York’s Labor Law, which makes employee invention assignment of rights agreements unenforceable for inventions developed by an employee on the employee’s own time and without the use of employer resources or trade secret information. This new law become effective immediately and is codified at New York Labor Law § 203-f.
Read MoreOn August 8, 2023, the New Jersey Department of Labor (NJDOL) launched the Workplace Accountability in Labor List, known as the “WALL.” Starting in September 2023, the NJDOL will post a list of businesses on the WALL that have outstanding liabilities for state wage, benefit, or tax laws enforced by the NJDOL. The WALL will be updated monthly.
Read MoreIn our last blog post, we discussed things an employer should (and should not) do when hiring an employee. Unfortunately, every business owner who hires employees will likely have to terminate at least one at some point. Terminating an employee is a sensitive process that requires careful consideration of fairness, legality, and the workplace environment. Below are five things’ businesses should do when faced with the challenging task of letting an employee go.
Read MoreAs a business owner, hiring the right employees is one of the most important things will you do to grow your business. A well-executed hiring process can lead to a successful and productive team, while hasty decisions can result in costly mistakes. Below are five hiring dos and don’ts that will help you navigate the hiring process.
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