This morning Punxsutawney Phil told us that we are facing six more weeks of winter.  Great.  We thought it served as a good opportunity to remind employers of the importance of establishing inclement weather policies that are compliant with wage and hour laws for both exempt and non-exempt employees.  Here is a quick, yet helpful, Q&A for your reading pleasure:

Continue Reading The Groundhog Says Six More Weeks of Winter, So Employers Should Remain Mindful of Their Obligations During Inclement Weather

With Election Day just a week away(!), it’s important that employers familiarize themselves with their employees’ rights to take leave to vote.  While there is no Federal law granting employees the right to voting leave, at least half the states provide this right in some form.

Continue Reading Employers Must Be Mindful of Voting Leave Rights on Election Day

The Department of Labor’s new overtime rules take effect December 1, 2016, and employers across the country are carefully reviewing and modifying their compensation and payroll practices in anticipation.  As part of this preparation, employers must consider whether and how any changes to their compensation structures will affect their employee benefit plans. This post examines some of the employee benefits issues that employers should be considering as the December 1 deadline approaches.

Continue Reading Employee Benefits and the New Overtime Rules

Earlier this month Governor Cuomo signed into law New York’s Paid Family Leave Act, which, when fully implemented, will provide virtually all employees in the state up to 12 weeks of paid family leave.  Under the law, employees will be entitled to paid leave to (1) care for a family member (including a child, parent, grandparent, grandchild, spouse or domestic partner) with a serious health condition, (2) bond with the employee’s newborn or newly placed adoptive or foster child during the first 12 months following birth or placement, or (3) address any qualifying exigency relating to a spouse, domestic partner, child or parent who is serving on active military duty. Notably, the law relies on employee payroll deductions to fund the paid family leave benefit, but does not require any similar contribution from employers.

The law also provides job protections, entitling an employee who returns from leave to be restored to the same or a comparable position. Additionally, employers must maintain existing health benefits for employees while they are on family leave.  While these protections track closely with the family leave provisions of the federal Family and Medical Leave Act, New York’s law covers a broader group of employees than the FMLA, albeit only for family leave. It does not provide an employee paid leave to care for his or her own medical condition.

  Continue Reading New York State Enacts Nation’s Most Generous Paid Family Leave Law Effective January 1, 2018

New York City just finished off a strong year on the employment law front.  The City Council passed laws that banned the box and all but eliminated credit checks.  It also passed a law requiring employers to offer their employees pre-tax transit benefits and instituted a paired testing discrimination investigation program.  The Department of Consumer Affairs continued to provide guidance on the paid sick leave law, while the Commission on Human Rights welcomed a new commissioner and implemented new initiatives designed to enhance the Commission’s enforcement efforts.  It also released enforcement guidance on the ban the box and credit check laws.  We cover the flurry of year-end activity in this three-part series.  In our first installment, we looked at the Commission’s enforcement guidance on gender identity and expression.  In our second installment, we covered the ban on caregiver status discrimination.  In our final installment, we cover the City’s creation of an Office of Labor Standards and expected changes to the paid sick leave act rules. 

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New York City has established an Office of Labor Standards that will enforce the City’s paid sick leave and transit benefits laws, and create and promote programs on worker education, safety and protection.  The Council Speaker said the new Office would help workers better understand their rights and assist employers in complying with the law.  The move comes as New York City prepares to amend its rules clarifying, and establishing requirements to implement, the paid sick leave law.

Continue Reading New York City Establishes Office of Labor Standards; Will Enforce Paid Sick Leave Law (NYC Finale Part 3)

New York City is finishing off a strong year on the employment law front.  Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks.  It also passed a law requiring employers to offer their employees pre-tax transit benefits and instituted a paired testing discrimination investigation program.  The Department of Consumer Affairs continued to provide guidance on the paid sick leave law, while the Commission on Human Rights welcomed a new commissioner and implemented new initiatives designed to enhance the Commission’s enforcement efforts.  It also released enforcement guidance on the ban the box and credit check laws.  Now as the year comes to a close, we cover the latest flurry of additional activity in this three-part series.  In our first installment, we looked at the Commission’s enforcement guidance on gender identity and expression.  In our second installment, we look at a new law banning caregiver status discrimination. 

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The New York City Council has voted unanimously to amend the New York City Human Rights Law to prohibit discrimination based on an individual’s actual or perceived status as a caregiver.  Below, we briefly summarize the law and gauge its potential impact on the workplace.

Continue Reading New York City Bans Caregiver Status Discrimination; Employers Must Think Carefully About its Impact (NYC Finale Part 2)

On October 6, 2015, the D.C. Council introduced the Universal Paid Leave Act of 2014.  If enacted, the proposed law will allow employees in D.C. to take up to 16 weeks of paid family and medical leave in a 12-month period, and as reported in the The Washington Post, D.C. “would become the most generous place in the country for a worker to take time off after giving birth or to care for a dying parent[.]”   The law would also set up a system, paid into by employers, under which employees would be able to file a claim for paid family and medical leave benefits, similar to the way individuals file claims for unemployment benefits.

Continue Reading D.C. Council Introduces Legislation That Would Give D.C. Employees Up to 16 Weeks of Paid Family and Medical Leave