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.

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

In 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.

How Many Employees Trigger Coverage Under Federal Employment Laws?

Whether 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.

Employment LawMichael MoreaMarch 26, 2024compliance, FMLA, FLSA, ADEA, ADA, Title VII, EPA, Civil Rights Act, USERRA, ICRA

New York’s “Freelance Isn’t Free Act” Becomes Effective May 20, 2024, and Brings Significant Changes to Independent Contractor Arrangements

On 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.

Employment LawMichael MoreaMarch 13, 2024freelancer, independent workers, compliance, New York

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 Extends Statute of Limitations for Discrimination Claims to Three Years

Effective 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.

Employment LawMichael MoreaFebruary 13, 2024statute of limitations, NYSHRL, New York, discrimination, personal iiability

Starting March 12th, New York Employers Will Be Prohibited from Requiring Access to Employee Personal Accounts

On 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.

Employment LawMichael MoreaJanuary 30, 2024New York, social media, employee privacy, hiring

The U.S. DOL Finalized its Employee or Independent Contractor Classification Rule

On 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.

FinCEN's Online Portal is Now Accepting Beneficial Ownership Reports

As we previously posted, the Beneficial Ownership Information Reporting Rule (BOI Rule) of the Financial Crimes Enforcement Network of the U.S. Treasury (FinCEN) was scheduled to take effect January 1, 2024. The BOI Rule requires companies such as corporations, limited liability companies, and other entities created to report information about their beneficial owners. FinCEN is now accepting BOI reports, which can be filed here.

It's Time Again for Employers to Comply with Year End Obligations and Prepare for the New Year

As 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.

Employment LawMichael MoreaDecember 19, 2023year end, compliance, minimum wage, employee notices, New York, New Jersey

The New Beneficial Ownership Reporting Rule: A Guide For Small Businesses

Attention, small and medium-sized businesses! The Beneficial Ownership Information Reporting Rule (BOI Rule) of the Financial Crimes Enforcement Network of the U.S. Treasury (FinCEN) takes effect in January 2024. The BOI Rule will bring significant changes to company transparency and reporting obligations. FinCEN has released a detailed FAQ about the new regulation. We have provided a summary below with information businesses should be aware of concerning the BOI Rule.

Understanding New Jersey’s Pregnancy and Maternity Leave Laws

We often get questions from our New Jersey clients about the rights of employees who are going out on pregnancy and maternity leave. 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. Adding to the potential confusion for employers, pregnancy and maternity leave involve both disability and family leave issues.

New York Employers Must Immediately Start Providing Employees with Unemployment Benefit Information at Separation

As 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.

Employment LawMichael MoreaNovember 14, 2023New York, unemployment, termination, separation, employee notices

New York Department of Labor Issues FAQs and Fact Sheet for its Pay Transparency Law

As 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.

Employment LawMichael MoreaNovember 1, 2023New York, pay transparency, job posting, hiring, remote work, hybrid worker

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

New York Employee Assignment of Rights Agreements – What Employers Need to Know

On 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.

Wage Theft is Now a Larceny Criminal Offence in New York!

New York amended its criminal laws, effective September 6, 2023, to include wage theft as one of the types of activities included in the definition of the crime of larceny. In New York, larceny can carry a prison sentence from one to 25 years, depending on seriousness of the offense.

Business LawMichael MoreaSeptember 20, 2023wage payment, wage theft, criminal liability, overtime, New York

New Jersey's New Credit Card Surcharge Law: What Businesses Need to Know

On August 18, 2023, Governor Phil Murphy signed a new law that limits the amount of credit card surcharges that businesses in New Jersey can charge. The new law amends New Jersey’s Consumer Fraud Act, so a violation of the credit card surcharge law constitutes consumer fraud and exposes businesses to treble damages (i.e. 3 times actual damages), plus attorneys’ fees.

Business LawMichael MoreaSeptember 6, 2023business, credit cards, processing fees, merchant services

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