This time of year usually marks the sports netherworld between the Super Bowl and the NCAA Men’s Division I Basketball Tournament, which is better known as March Madness. This lull provides employers with an excellent opportunity to contemplate the issues that March Madness creates in their workplace. We explore some of those issues below.

Continue Reading Does March Madness = Workplace Madness? Some Thoughts on the Legality of NCAA Bracket Pools, the Tournament’s Effect on the Workplace, and of course, a Rendition of One Shining Moment (UPDATED)

Today we continue with our Year in Review segment, which looks at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California, while offering our thoughts about 2017.  Today we turn to the DC Metro Area.  In addition, please join us in NYC on April 6, 2017 for Mintz Levin’s Third Annual Employment Law Summit as we address some of the key labor & employment issues impacting employers in 2017.  Register here

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The District of Columbia, Maryland (including Montgomery County) witnessed an active 2016 with respect to new and amended workplace laws that impose additional responsibilities on employers, and expand employee rights and avenues of enforcement.  Employers should be aware of these new requirements and take immediate action to comply with them.  We highlight below the most significant updates in both D.C. and Maryland; there were no changes or additions of significance in Virginia.

Continue Reading 2016 DC Metro Area Employment Law Year In Review

The New York State Workers’ Compensation Board is out with proposed regulations providing guidance to employers, insurance carriers and employees regarding their rights and responsibilities under New York’s new Paid Family Leave law, which is scheduled to go into effect January 1, 2018.  Comments on the proposed rules will be accepted for 45 days – until April 8th (although we note that’s a Saturday).  For our earlier post on the enactment of the Paid Family Leave Act, see here.

Continue Reading New York Paid Family Leave Proposed Regulations Filed

Over the next two weeks we will release our Year in Review segment, which will look at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California while offering our thoughts about 2017.  Today we kick off this segment with New York.  In addition, please join us in NYC on April 6, 2017 for Mintz Levin’s Third Annual Employment Law Summit as we address some of the key labor & employment issues impacting employers in 2017.  Register here

2016 brought big changes for New York State and City employers, including expansive new discrimination protections and substantial increases in the minimum wage and exempt salary thresholds.  While New York employers who successfully navigated 2016’s rush of legislative, regulatory and judicial obstacles might feel they’ve earned the right to shift their focus back from compliance issues to running their businesses, they should not lose sight of the additional challenges expected in 2017.

Continue Reading 2016 New York Employment Law Year In Review

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)