Law and the Workplace

Tag Archives: New and Proposed Laws and Legislation

New York Regulations on Wage Payment Methods Declared Invalid

Time ClockAs we previously reported, on September 7, 2016, the New York State Department of Labor (“NYSDOL”) published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages and payroll debit cards.  These regulations–to be codified in 12 NYCRR Part 192–were scheduled to take effect on March … Continue Reading

Proposed Regulations Issued for New York State Paid Family Leave Law

Leave of absence formThe New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018. As we previously reported, the PFLL will require employers to provide all eligible full- and part-time employees with paid, job-protected leave to: (i) care for a … Continue Reading

Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction

Time ClockRemember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions?  In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect.  The DOL successfully petitioned the Fifth Circuit for an expedited appeal of the injunction in December, and briefing was to … Continue Reading

Philadelphia The Latest To Restrict Employer Inquiries Into Applicants’ Salary History

Job ApplicationThe City of Philadelphia has passed an ordinance that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process.  The law, which amends the city’s current Fair Practices Ordinance, will take effect on May 23, 2017. The ordinance states that—absent a federal, state, or local law specifically authorizing the … Continue Reading

Breaking: D.C. Council Passes Generous Employee Paid Leave Mandate

Yesterday (December 20, 2016), the District of Columbia Council passed a bill that would create one of the country’s most generous paid family leave programs. If it becomes law, the Universal Paid Leave Amendment Act of 2016 (the “Act”) will provide all full and part time private sector workers in Washington, D.C. with eight weeks … Continue Reading

New York’s New Wage Orders, Raising Minimum Salaries for Exemption, Could Take Effect December 31

Time ClockThe New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to up to $825 per week ($42,900) for employers with eleven or more employees in New York City.  … Continue Reading

NYC Council Introduces Suite of Worker Protection Bills, In Likely Sign of Things to Come

SchedulingAs we noted in an earlier post, the election of Donald J. Trump likely means that states and municipalities—and not the federal government—will lead the charge on worker-protection issues for the next four years.  In this vein, the New York City Council introduced a series of bills on December 6 aimed at tightening restrictions and … Continue Reading

Seattle Becomes Second City to Pass “Secure Scheduling” Ordinance

SchedulingSeattle, known for its employee-friendly ordinances, has passed a law regulating how large retailers, full-service restaurants, fast food restaurants, and coffee shops schedule and pay their hourly, non-exempt workers.  Seattle is the second city, after San Francisco, to provide workers with scheduling protections.  The new ordinance will add a new chapter 14.22 to the Seattle … Continue Reading

Arizona and Washington Become Latest States to Require Paid Sick Leave

Picture of StethescopeThis Election Day, voters in Arizona and Washington approved measures requiring employers to provide eligible employees with paid sick leave. These states are the latest to join the ever-expanding patchwork of jurisdictions around the country entitling employees to paid leave for their own medical needs and those of certain family members, among other covered purposes. … Continue Reading

30 Days Until New Overtime Rules Take Effect

Time ClockThe new overtime rules—requiring a minimum weekly salary of $913 ($47,476 annually) for most exempt executive, administrative, or professional employees—are scheduled to take effect on December 1. Remember that both overtime pay (for non-exempt employees) and the salary basis test (for exempt employees) are calculated on a workweek basis, and that each workweek–a fixed and regularly … Continue Reading

Mayor Signs Into Law NYC Bill Protecting Freelance Workers, Effective May 15, 2017

Time ClockOn November 16, 2016, NYC Mayor De Blasio signed into law the Freelance Isn’t Free Act, a local law (No. 1017-2015) establishing protections for freelance workers. The law, amending Title 10 of the N.Y.C. Administrative Code, establishes and enhances protections for freelance workers, including the right to receive a written contract, the right to be … Continue Reading

Cook County Suburbs Subject to Same Paid Sick Leave Obligations as Chicago

Leave of absence formEffective July 1, 2017, Cook County Ordinance 16-4229 (“Ordinance”) will allow employees who work in Cook County to accrue and use earned paid sick leave.  The Ordinance is nearly identical to Chicago’s Paid Sick Leave Ordinance that passed the city’s council by a vote of 48-0 earlier this year.  Under both the Chicago law and … Continue Reading

Reminder – Montgomery County, Maryland Employers: The Earned Sick and Safe Leave Act Is Now In Effect

Picture of StethescopeOn October 1, 2016, the Montgomery County, Maryland Earned Sick and Safe Leave Act (the “Act”) went into effect.  As a reminder, the Act, provides paid sick leave to all employees working in Montgomery County, Maryland (the “County”), regardless of how many workers an employer employs.  In addition to the various other obligations under the … Continue Reading

EEOC Reported To Be Close To Issuing New EEO-1 Regulations

EEOC sealAs reported today in Politico, the EEOC’s final regulations revising the EEO-1 report will be released this week. The new regulations will revise the annual EEO-1 report to require employers to provide certain wage and hour data regarding their employees to the EEOC on an annual basis.  Our blog post on the proposed rule can be … Continue Reading

Maryland Employers: Are You Ready? The Maryland Equal Pay for Equal Work Act Goes Into Effect October 1, 2016

Dollar BillMaryland’s Equal Pay for Equal Work Act (the “Act”) is scheduled to take effect on October 1, 2016.  The Act amends Maryland’s existing Equal Pay law, expanding its protections against wage discrimination on the basis of sex in a number of significant ways.  The Act represents another example of the growing trend of new pay … Continue Reading

Illinois Passes Family Caregivers Leave Law

Leave of absence formEffective January 1, 2017, the Illinois Employee Sick Leave Act (the “Act”) will allow employees to use employer-provided personal sick leave benefits to care for an ill or injured family member or attend a medical appointment with a family member.  The Act defines an eligible family member—i.e., an  individual the employee is taking leave to … Continue Reading

Illinois Domestic Workers Now Guaranteed Certain Employment Rights

IllinoisOn August 12, 2016, Illinois Governor Bruce Rauner signed the Domestic Workers’ Bill of Rights Act (House Bill 1288) (the “Act”) on behalf of domestic workers employed in private homes or residences into law. With the passage of the Act, Illinois joins several states, including New York, California, Connecticut, Hawaii, Massachusetts and Oregon, in extending … Continue Reading

100 Days Until the New Overtime Rule Takes Effect: Is Your Company Ready?

Time ClockOn December 1, 2016, the annual cost of classifying most executive, administrative, or professional employees as “exempt” from the overtime rules more than doubles ($23,660 to $47,476).  Is your company ready for this change? Do you have your list of potentially affected employees? Have you compared the cost of increasing their salaries to the new … Continue Reading

Proposed Law Would Prohibit New York City Employers From Inquiring Into Applicants’ Wage History

Job ApplicationNew York City Public Advocate Letitia James has introduced legislation before the City Council that would amend the New York City Human Rights Law to make it an unlawful employment practice for employers to request job applicants’ wage history during the hiring process. The bill would prohibit any employer or employment agency from asking about … Continue Reading
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