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Labor & Employment Alert >> What Employers Need to Know About New York State’s New Paid Family Leave Law - Alert - 05/10/2016

New York employers should prepare to revise leave policies so that all eligible employees are provided at least eight weeks of job-protected family leave as of January 1, 2018, 10 weeks as of January 1, 2019, and eventually 12 weeks by 2021. Additionally, employers should coordinate with their payroll companies to ensure that they begin making the proper paycheck deductions to fund the state family leave insurance fund effective January 1, 2018.


Labor & Employment Alert >> New California Anti-Discrimination and Anti-Harassment Policy Regulations - Alert - 03/21/2016

California employers should review and revise their policies, employee handbooks, and anti-discrimination/harassment training materials to comply with these new regulations before they go into effect on April 1, 2016.


Labor & Employment Alert >> NYC Law Requiring Pre-Tax Transit Benefits Now in Effect - Alert - 02/01/2016

Employers with 20 or more full-time employees working in New York City should review their employee benefit plans to ensure that they offer all full-time employees the opportunity to use pre-tax earnings to purchase qualified transportation fringe benefits. Employers must keep records showing their compliance with this requirement for two years. However, they have until July 1, 2016 before the DCA will impose civil penalties for non-compliance.

After July 1, 2016, employers will have an opportunity to cure any violation of the ATA within 90 days before any penalty may be imposed. Employers should also note that Mayor De Blasio recently established the Office of Labor Standards, which will be responsible for enforcing the ATA. Accordingly, the current ATA rules may change.


Labor & Employment Alert >> NYC Enacts Law Prohibiting Caregiver Discrimination - Alert - 01/11/2016

New York City employers should review their anti-discrimination policies and related training practices to cover and protect against caregiver discrimination prior to May 4, 2016.


Labor & Employment Alert >> NY Governor Signs Bills Expanding Workplace Protections Against Sex Discrimination and Promoting Wage Equality - Alert - 12/15/2015

All New York employers should review their workplace policies and agreements to eliminate blanket prohibitions on employee discussion and/or disclosure of wage information, and update their policies and training materials to reflect the new protected classes recognized under New York law. All New York employers must also make sure to engage in the interactive process with and accommodate pregnant employees, and comply with New York State equal pay and sex discrimination/harassment laws to avoid significantly enhanced liquidated damages and/or attorneys’ fees awards.


Labor & Employment Alert >> New York City Imposes Limits on Employer Inquiries Related to Criminal Conviction and Arrest Records - Alert - 10/06/2015

With the Fair Chance Act going into effect soon, employers in New York City should remove questions relating to arrest or criminal history from job applications. Requests for pre-employment criminal background checks should also be postponed until after a conditional offer of employment has been extended. Moreover, companies that decide not to hire a candidate based on the results of a criminal background check are advised to consult with counsel to ensure compliance with the law’s notice requirements.


Labor & Employment Alert >> New York City Human Rights Law Restricts Credit Checks of Job Applicants and Employees - Alert - 09/01/2015

Employers that require job applicants in New York City to undergo background checks should assess if their background checks include credit history or could result in the retrieval of background information related to credit history. In addition, companies that regularly conduct credit checks are advised to consult with counsel and to review if any credit check policy or practice may need to be modified or discontinued for certain positions.


Labor & Employment Alert >> Department of Labor Issues Guidance on Misclassification of Employees as Independent Contractors - Alert - 07/23/2015

While the DOL’s guidance is not a formal rule and is not binding, it represents the latest effort to deal with what DOL Wage and Hour Division Administrator David Weil has called the “growing problem” of misclassification. Employers should keep this guidance in mind and consult counsel when making decisions about the classification of certain workers. Decisions about classification will be impacted by several relevant factors, including the company’s business, the type of work being performed, and the extent to which the worker provides services to other companies.


Labor & Employment Alert >> Effective July 3: San Francisco Ordinances Impose Significant Employment Obligations on Retail Industry - Alert - 07/01/2015

The Retail Workers Bill of Rights only affects a small number of employers, but for those that it does affect, it may radically change their employment practices and expose them to significant penalties. Any affected employer should consult with counsel and promptly ensure that their San Francisco managers understand and comply with the new requirements.


Labor & Employment Alert >> Beginning July 1: California Employers Must Provide Paid Sick Leave - Alert - 05/20/2015

Covered California employers must take all necessary steps to comply with the Act and must permit covered employees to use accrued, paid sick leave as of July 1.


Labor & Employment Alert >> Limitation on How Employers May Use Criminal History Information in San Francisco - Alert - 05/20/2015

With the passing of the Fair Chance Ordinance in San Francisco and the increasing prevalence of “ban the box” laws across the country, companies should make sure to review the law in their location(s) when deciding whether to include any questions related to criminal histories on their applications.


New York Law Journal: Courts Put Down Their Blue Pencils - Published Article - 10/24/2014

by Neal Klausner and David Fisher:


Cornell Hospitality Report: A Positive Employment Tool and Potential Antidote to Class Actions - Published Article - 07/03/2014

by Gregg A. Gilman and David Sherwyn


Labor & Employment Alert >> Federal Contractors Should Prepare for New OFCCP Regulations Covering Individuals with Disabilities and Veterans  - Alert - 04/21/2014

The Office of Federal Contract Compliance Programs (OFCCP) introduces new rules covering Individuals with Disabilities (IWDs) and Veterans, which will have a significant impact on the compliance requirements of federal contractors. Employers should consult with legal counsel for more detailed information regarding the Final Rules to ensure the proper procedures are being implemented. Significantly, federal prime contractors and subcontractors will need to implement new procedures to identify, recruit and track IWDs and Veterans beginning with the next AAP plan year.



Labor & Employment Alert >> New York City’s Earned Sick Time Act - Alert - 03/27/2014

Employers in New York City must act quickly to ensure compliance with the law.  At a minimum, they should:

Provide current employees with a Notice of Employee Rights no later than May 1, 2014 (employees hired on or after April 1, 2014 must receive a copy at the commencement of employment).  An initial draft of the Notice can be found here: http://www.nyc.gov/html/dca/downloads/pdf/MandatoryNotice.pdf 

Update employee handbooks and leave policies to ensure compliance with the ESTA, paying particular attention to the carry-over provisions of any pre-existing policies,  how part-time and temporary employees accrue time under these policies and for what purposes existing paid time off may be used.  Employers may need to clarify in their policies that vacation/personal/PTO days may be used for any purpose, including the reasons for which Sick Time may be used under the ESTA.

Keep all records showing compliance with the ESTA for at least three years.

In addition, the current notice provided by the Department of Consumer Affairs does not contemplate the use of pre-existing policies to comply with the ESTA’s requirements.  

Employers should consult with legal counsel to ensure that their current policies and practices comply with the ESTA.


Labor & Employment Alert >> Severance Pay May Limit Unemployment Benefits After Change in New York Law - Alert - 02/10/2014

Employers may be able to assist employees by delaying severance pay by 30 days, if administratively feasible.  Otherwise, employees will have to wait until the completion of any severance pay in excess of the maximum weekly unemployment insurance benefits before they will be eligible to receive these benefits.  


Labor & Employment Alert >> NYC Employers Must Provide Reasonable Accommodations for Pregnancy, Childbirth, and Related Medical Conditions - Alert - 01/23/2014

Employers must engage in an interactive process with employees to determine reasonable accommodations that will allow impacted, covered employees to perform “the essential requisites of the job” without posing an undue hardship to the employer.  The new notice should set forth that employees have the right to be free from discrimination in the workplace related to pregnancy, childbirth, and any related medical condition, and are entitled to reasonable accommodation for same.  This should be added to new hire paperwork, disseminated to existing employees – by handbook amendment or other dissemination tool – and posted in common spaces.

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Labor & Employment Alert >> New Gender Equity Notice Requirement for New Jersey Employers - Alert -  12/23/2013

By Jessica Golden Cortes; Duane Rudolph

As of January 6, 2014, New Jersey employers with at least fifty employees – including out of state employees – will be required to conspicuously post and disseminate a new gender equity notice to employees.

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Labor & Employment Alert >> Court of Appeals Requires That Employers Prove Indefinite Disability Leave is Undue Hardship Under NYC Law - Alert -  11/06/2013

by Gregg Brochin; David Fisher

The Americans with Disabilities Act (ADA), the New York State Human Rights Law (NY State Law) and the New York City Human Rights Law (NYC Law) all require that employers provide disabled employees with "reasonable accommodations," provided that doing so does not cause an undue hardship for the employer.


Perfect Ten: Best Lawyers Honors Ten Davis & Gilbert Partners in the Areas of Advertising, Employment, Litigation, and Real Estate - Press Release - 08/15/2013

Davis & Gilbert is pleased to announce that ten of the firm’s partners have been named to the 2014 edition of The Best Lawyers in America, the oldest and most venerable peer-review publication in the legal profession.

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Labor & Employment Alert >> Recent Judicial Decisions Reinforce the Importance of Drafting Arbitration Agreements with Employees to Minimize Class Action Risks - Alert -  07/11/2013

By Gregg A. Gilman and Shira Franco

Recent decisions by the United States Supreme Court and Second Circuit Court of Appeals demonstrate that courts have become increasingly willing to enforce properly drafted arbitration contracts that require employees to waive (i.e., give up) their rights to bring class action lawsuits. These decisions also confirm that companies should pay close attention to how their arbitration contracts with employees are worded to minimize legal risks associated with potential class action litigation.

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Benefits & Compensation Alert >> Supreme Court DOMA Ruling Requires Employer Action - Alert -  07/10/2013

By Alan Hahn and Cameron Bruce

On June 26, 2013, the United States Supreme Court in United States v. Windsor held that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional because it violates the Fifth Amendment right to equal protection of the law. As a result, same-sex couples who are legally married under state law are entitled to the same federal rights and benefits as opposite-sex couples.

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Labor & Employment Alert >> New York Department of Labor Releases Proposed Regulations on Deductions From Wages  - Alert -  06/13/2013

By Gregg L. Brochin

The New York Department of Labor (DOL) released proposed regulations addressing the November 2012 amendment to the wage deductions law. The amendment made it permissible to make deductions from wages to recoup overpayments or advances, but the new law only allows these deductions if made in accordance with DOL regulations.

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Labor & Employment Alert >> More States Bar Companies from Demanding Access to Employees’ Social Media Accounts - Alert -  05/09/2013

By Jessica Golden Cortes; Gary A. Kibel

Nearly every state across the country is now considering, or has already enacted, legislation to prohibit employers from requiring employees and job applicants to provide access to their social media accounts, IDs or passwords. In addition, in some states, the legislation also extends to preclude universities from seeking this social media information from students or applicants.



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Labor & Employment Alert >> New York City Passes Law Prohibiting Discrimination Against the Unemployed - Alert -  04/02/2013

By Howard J. Rubin; Cameron Bruce

Effective June 11, 2013, New York City employers will be prohibited from discriminating against job applicants who are unemployed at the time they apply for the job.


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Litigation Alert >> Recent Class Action Settlement Underscores Employer Obligations under Wage and Hour Laws - Alert -  03/04/2013

By Michael C. Lasky; Shira Franco; Jason A. Roth

A recent multimillion dollar wage and hour class action settlement by major investment bank Merrill Lynch serves as an important reminder to employers of their obligations under federal law to properly classify, and pay overtime wages to, all eligible employees who work more than 40 hours per week.

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Labor & Employment Alert >> Deadline Approaching: WTPA Annual Notice - Alert -  01/23/2013

By Jessica Golden Cortes

As we begin the New Year, New York employers should be mindful of the upcoming annual notice deadline under New York’s Wage Theft Prevention Act (WTPA).


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