Business Owners, Do You Know How Many Employees Trigger Coverage Under New York’s Employment Laws?

In 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.

Understanding the Difference Between HR Consultants and HR Attorneys: Which One Does Your Business Need?

A 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.

Employment LawMichael MoreaFebruary 27, 2024human resources, compliance, employment policies, workplace policies

New York City Employers Must Update Their Safe and Sick Time Policies to Comply with the City’s Amended Regulations

New 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

IT’S TIME FOR EMPLOYERS TO UPDATE THEIR FLSA AND FMLA POSTERS!

The United State Department of Labor (USDOL) has issued updated posters for the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Covered employers must replace the now outdated FLSA poster and should, but are not required to, replace the older FMLA poster.

Red Flags of a Potential Problem Employee

Problem employees should be addressed promptly as they can be a financial and morale drain on a business. and also create potential liabilities for employers. There are several signs that an employee may be a potential liability for a business that employers should look out for. These include:

Employment LawMichael MoreaMay 23, 2023employee rights, liability, employment policies

Five Tips for Avoiding a Department of Labor Audit

In our prior post, we highlighted five tips for employers dealing with a Department of Labor (DOL) audit. However, as an employer, you want to avoid the hassle and costs associated with a DOL audit. An audit can be a time-consuming and expensive process, with potential penalties and legal fees adding up quickly. Therefore, it's crucial for employers to take proactive steps to avoid a DOL audit.

Remote Workers: Advantages, Risks, and Best Practices

As current news headlines in the New York Times and The Wall Street Journal demonstrate, as businesses move beyond COVID, many workplaces are struggling between the company’s desire for workers to return full-time (or primarily) to working in-person and employees’ desire to work remotely.

Employment LawMichael MoreaApril 11, 2023work from home, remote work, employment policies, data privacy

5 Simple Ways You Can Protect Your Business From Employee Claims

Employee claims present one of the most significant potential liabilities a business may face. Most employment laws impose personal liability on business owners and decisions makers, so business owners are not protected by the corporate form of their business entity. Many employment laws also provide for attorney fee shifting in favor of prevailing plaintiffs, which can significantly increase the potential liability of an employee lawsuit. Similarly, certain employment laws, for example most wage and hour laws, provide for liquidated damages of 100% to 200% of the compensatory damages awarded to a plaintiff.

Employment LawMichael MoreaMarch 2, 2023employment policies, handbook, employees

New York Opens a Toll-Free Hotline for Workplace Sexual Harassment Complaints

Earlier this year, New York amended its Human Rights Law to require the New York Division of Human Rights (NYDHR) to establish a toll-free hotline for employees to report workplace sexual harassment complaints. The hotline has now been launched and New York employees may call (800) 427-2773 regarding any complaint of workplace sexual harassment. The hotline is confidential and staffed by pro bono NYDRH attorneys. Callers will receive free legal counseling and may submit a complaint regarding sexual harassment to the NYDHR.

New York Employers Must Start Giving Employees Notice of Electronic Monitoring

Starting on May 7, 2022, employers in New York must give written notice to employees, and obtain an acknowledgment of the notice, of any electronic monitoring of telephone, email, internet, or computer usage. This requirement was enacted as part of an amendment to New York’s Civil Rights Law and applies to all employers with places of business in New York.

New Jersey's Governor Murphy Reinstates Public Health Emergency and Mandates Vaccines and Boosters for all Health Care Workers

On January 11, 2022, New Jersey Governor Phil Murphy issued Executive Order No. 280 reinstating the State’s State of Emergency due to COVID-19. Exercising emergency powers, on January 19, 2022, Governor Murphy issued another Executive Order, No. 283, mandating that virtually all workers in the health care industry be vaccinated and receive booster shots for COVID-19. Previously, New Jersey healthcare workers had the option to be vaccinated for COVID-19 or submit to weekly testing.

Circuit Court Lifts Stay of OHSA's "Vaccinate or Test" Mandate

As we previously posted, in November 2021, the Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS), requiring private employers of 100 or more employees to implement “vaccinate or test” requirements for workers. The ETS had been stayed by the Fifth Circuit Court of Appeals.

Employment LawMichael MoreaDecember 21, 2021OSHA, employment policies, COVID-19, coronavirus

OHSA Issues Emergency Temporary Standard for Employer Vaccine Mandates

On Friday, November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS), requiring certain employers to mandate COVID-19 vaccines for all employees or obtain weekly COVID-19 test results for unvaccinated employees. OSHA also issued a Fact Sheet and FAQs regarding the ETS..

Employment LawMichael MoreaNovember 8, 2021vaccine, employment policies, coronavirus, OSHA

New York Requires all New York Employers to Implement Their HERO Act Plans

On September 6, 2021, the New York State Department of Health (NYDOH) designated COVID-19 a highly contagious communicable disease under New York’s HERO Act. The HERO Act was enacted in May 2021 and required all employers in New York to adopt an Airborne Infectious Disease Exposure Plan. The HERO required all New York businesses to adopt either the model plan, published by the New York Department of Labor (NYDOL), or an alternate plan by August 5, 2021. The plans needed to be distributed to employees by September 4, 2021. The Model Plan prepared by the NYDOL can be found here.

Employment LawMichael MoreaSeptember 10, 2021New York, COVID-19, employee safety, employment policies, workplace policies

OSHA Revises its COVID-19 Guidance for Employers

As we previously posted, in June 2021, the Occupational Safety and Health Administration (OSHA) published Guidance on Mitigating the Spread of COVID-19 in the Workplace. On August 13, 2021, OSHA updated its Guidance based upon the Centers for Disease Control and Prevention’s (CDC) recently updated recommendation that fully vaccinated individuals should wear masks in indoor public settings in areas of “substantial or high transmission.”

New York's Legalization of Marijuana Includes Protections for Workers

New York recently enacted the Marihuana Regulation and Taxation Act (yes, the statute spells it marihuana), which legalizes recreational marijuana use by adults. The Act also contains related protections for employees, which employers in the Empire State need to comply with to avoid potential liability.

Recreational Cannabis Users Will Be Entitled to Job Protections in New Jersey

In November 2020, New Jersey residents approved an amendment to the State Constitution, legalizing recreational marijuana use. In order to implement the regulatory framework necessary to legalize recreational marijuana, on February 22, 2021, New Jersey enacted the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act. The Act contains significant protections for employees that New Jersey employers need to be aware of.

Employment LawMichael MoreaMarch 11, 2021New Jersey, cannabis, employee rights, employment policies

COVID-19 Resources for New Jersey and New York Employers

As businesses continue to emerge from the COVID-19 shutdowns and adapt to the new normal, they continue to face evolving requirements and guidance at the federal and state level. This post compiles key resources for businesses operating in New Jersey and New York.

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