The Bottom Line New York City employers should act quickly to ensure compliance with new laws that expand employee rights to request temporary schedule changes and use paid sick time for "safe time" purposes. At a minimum, employers should update employee handbooks to: Explain the procedures that Continue Reading
New York State Imposes New Legal Requirements for Workplace Sexual Harassment Prevention
The Bottom Line New York State's budget legislation, expected to be signed into law shortly, contains several measures related to workplace sexual harassment that will impact nearly every employer in New York. To prepare for these changes, New York companies are advised to consult with counsel to Continue Reading
Massachusetts Pregnant Workers Fairness Act Goes Into Effect on April 1, 2018
The Bottom Line With the MPWFA's April 1, 2018 effective date quickly approaching, Massachusetts employers should review and revise their handbook policies, onboarding notices and HR practices to ensure that they comply with the law’s notice obligations and requirements to provide reasonable Continue Reading
Enhancing the Likelihood of Enforcement of a Forum Selection Clause in an Online Contract
The Bottom Line Companies that include a forum selection clause in an online contract should make sure that they reasonably communicate the forum selection clause to their customers and vendors. Best practices include: (i) providing on an uncluttered screen a direct hyperlink to the terms and Continue Reading
Take Compliance Seriously When Hiring Domestic Employees in New York
The Bottom Line The potential penalties and damages for failing to comply with the many legal requirements for hiring domestic staff serve as a reminder that, while employers may develop a great relationship with a domestic employee, things can always go sour later. When they do, the downside can Continue Reading
DOL Updates Test for Unpaid Interns and Students Under the FLSA
The Bottom Line The DOL will now rely on the "primary beneficiary" test when determining whether interns are eligible for minimum wage and overtime pay. This is good news for employers who want to establish internship programs without running afoul of the FLSA, and also gives employers more Continue Reading
Practical Law: The Journal | Trademark Laws: New York
California Enacts New Employer Requirements Effective January 1, 2018
The Bottom Line California employers should be aware of several new and expanded laws going into effect beginning January 1, 2018, relating to a ban on inquiries to candidates about their salary history or prior criminal convictions; expanding already-mandated, supervisor-level sexual harassment Continue Reading
Another Look at Sun Capital: PE Fund Faces Claims for Unfunded Pension Liability of a Portfolio Company
The Bottom Line While the court has not yet reached a decision on Trilantic’s complaint, PE firms should continue to carefully consider the structure and nature of their portfolio company investments to assess any potential exposure for pension withdrawal liability. In this post-Sun Capital time, Continue Reading
Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions
The Bottom Line The Second Circuit’s Meyer decision reaffirms the importance of well-crafted terms and conditions for companies interacting with consumers over the Internet and via mobile apps, and that for those terms to be enforceable, access to them must be presented in a manner clear Continue Reading