The Bottom Line New York employers should review and assess their pay practices in light of the recent interpretation of New York Labor Law’s frequency of pay requirements. Violation of the frequency of pay requirements may result in significantly monetary liability for liquidated damages, Continue Reading
EEOC Requires Employers to Collect and Submit Pay Data by September 30, 2019
Update The EEOC announced in September 2019 that it will not be collecting Component 2 data (i.e., pay and hours data) for the EEO-1 report after 2019, citing the administrative and financial burden on employers in complying with the requirement. The EEOC will continue its annual collection of Continue Reading
New Jersey Expands Scope of Paid Family Leave and Benefits
The Bottom Line New Jersey employers should review and revise their leave policies as necessary to comply with the new requirements. They should also be prepared to field increased requests for leave, given the expanded circumstances under which employees may take family leave. Additionally, Continue Reading
Employers Risk FMLA Claims for Terminating Employees Whose Unexplained Absences May Be Medically Related
The Bottom Line The Villagomez decision highlights the legal risks in automatically firing an “AWOL” employee. Under the FMLA, employers have an obligation to follow up on facts, however scant, suggesting that unexplained absences may be due to medical reasons. HR and supervisors should share Continue Reading
Enhancing Enforceability of Restrictive Covenants Against Terminated Employees
The Bottom Line Employers seeking to enforce post-employment restrictions against terminated employees will face an uphill battle if they are unable to demonstrate that the employee was terminated with cause. There are two ways for employers to mitigate this situation. First, they should maintain Continue Reading
California Employee Non-Solicitation Provisions Face Unpredictability
The Bottom Line The California Court of Appeal rejected an employee non-solicitation provision for recruiters, and one federal court in California has taken a broad reading of that decision and concluded that all employee non-solicitation provisions are invalid. This development serves as a Continue Reading
New York City Law Expanding Employers’ Lactation Accommodation Obligations Goes Into Effect on March 18, 2019
The Bottom Line Before March 18, 2019, New York City employers with four or more employees should review their written policies and HR practices in advance to ensure that they have the appropriate space to satisfy the law’s lactation room requirements and that they provide a compliant lactation Continue Reading
California Employers Required to Provide Sexual Harassment Prevention Training to All Employees by January 1, 2020
Update as of September 2019 The deadline to comply with some of the new California training requirements described below has been extended by 1 year, to January 1, 2021. The new extended deadline means that:California employers with 50 or more employees now have until January 1, 2021 to provide Continue Reading
Beginning October 29, 2018, New Jersey Employers Must Provide Paid Sick Leave
The Bottom Line Before October 29 2018, New Jersey employers should review and revise their sick leave and paid time off policies to ensure compliance with the New Jersey Paid Sick Leave Act's requirements, including its carryover versus payout requirements. Employers will also need to revise their Continue Reading
New York City Law Requiring “Cooperative Dialogue” for Reasonable Accommodation Requests Goes into Effect on October 15, 2018
The Bottom Line New York City employers should act quickly to ensure compliance with new laws that expand employee reasonable accommodation and disability rights. At a minimum, employers should update employee handbooks to: (1) explain the procedures that eligible employees should follow when Continue Reading