Law and the Workplace
Marc A. Mandelman

Marc A. Mandelman

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Governor Signs Amendments to N.Y. Wage Theft Prevention Act, Eliminating Requirement that Employers Issue Annual Notices to Employees between January 1 and February 1

On December 29, 2014, Governor Andrew Cuomo signed a bill amending the N.Y. Wage Theft Prevention Act (“WTPA”) immediately eliminating the requirement that employers send annual WTPA wage rate and pay date notices to current employees between January 1 and February 1 of each year.  As we have previously reported, amendments to the WTPA were … Continue Reading

Employees Face Uphill Battle in Holding Private Equity Firms Accountable under WARN Act

The United States District Court in Delaware recently issued a welcome decision for private equity firms whose portfolio companies run afoul of the Worker Adjustment and Retraining Notification Act (the “WARN Act”).  In In re Jevic Holding Corp. (PDF), the Court affirmed a bankruptcy court decision holding that Sun Capital Partners (“Sun”) was not liable … Continue Reading

Nine More States, One City, and a Territory Increase Minimum Wage

Continuing a growing national trend, Minnesota, West Virginia, Maryland, Hawaii, Vermont, Michigan, Delaware, Rhode Island, Massachusetts, Guam, and the city of Seattle recentlyenacted laws raising the minimum wage in their respective jurisdictions. This client alert highlights key provisions of these new laws and examines the implications for covered employers. Minnesota Minnesota’s minimum wage will gradually … Continue Reading

Special Report: Social Media Roundup

Rhode Island, Louisiana, New Hampshire, and Oklahoma are the latest states to provide prospective and/or current employees with increased social media protections. Read this special report to learn more about the new laws and the implications for covered employers. In this issue: Rhode Island Louisiana New Hampshire Oklahoma Takeaway Read the full text of the … Continue Reading

New York Wage Theft Prevention Act Amendments Awaiting Governor’s Signature

On June 19, 2014, both houses of the New York State Legislature passed a bill that would amend the N.Y. Wage Theft Prevention Act of 2010 (the “Act”). The amendments eliminate the annual wage rate notice requirement and increase the penalties for violations of the wage payment laws. It is expected that Governor Cuomo will … Continue Reading

Philadelphia Issues New Pregnancy & Employment Rights Notice

Philadelphia recently amended its fair employment practices ordinance to expand protection for employees against discrimination based on pregnancy, childbirth, or a related medical condition. Among other things, employers must provide a written notice of rights to all existing employees by April 20, 2014, and to all new hires thereafter. For more on the new ordinance, … Continue Reading

Mayor de Blasio Signs New York City Sick Leave Law – Notice of Rights Available

NYC Mayor Bill de Blasio signed the amended Earned Sick Time Act on Thursday, March 20, 2014. The law takes effect April 1, 2014. The New York City Department of Consumer Affairs (“DCA”) has now posted FAQs and template notices on its website. All employers must issue a notice of rights to employees. Please read … Continue Reading

Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative

Last week, President Obama directed the U.S. Department of Labor to revise and modernize the “white- collar” overtime exemptions of the Fair Labor Standards Act to extend overtime benefits to a broader range of workers. This alert summarizes the President’s Memorandum, outlines what employers might expect in the coming months, and reminds employers to remain proactive … Continue Reading

EEOC Issues New Guidance on Religious Garb and Grooming in the Workplace

As religious discrimination charges have increased steadily, the Equal Employment Opportunity Commission released a new question-and-answer guide and accompanying fact sheet on religious dress and grooming in the workplace, under Title VII of the Civil Rights Act of 1964 to improve employer awareness and compliance. The guide answers sample employers’ questions about how federal employment … Continue Reading

Massachusetts and Vermont Paid Sick Time

  Bills pending in Massachusetts and Vermont mandating paid sick time follow the precedent set by Rhode Island and Connecticut, potentially spreading the requirement through New England. New York and the District of Columbia recently also adopted similar requirements, and paid sick leave bills are pending, or campaigns to require them are under way, in 18 … Continue Reading

City Council Expands New York City Earned Sick Time Act

Yesterday, the New York City Council passed an amendment to the New York City Earned Sick Time Act (the Act) expanding its coverage in several significant ways as of April 1, 2014. This alert summarizes the amended Act, which requires virtually all New York City employers to provide mandatory paid or unpaid sick leave to … Continue Reading

Supreme Court’s Sandifer Decision Is Not Just About Changing Clothes

In Sandifer et al. v. United States Steel Corp., a unanimous Supreme Court clarified the meaning of “changing clothes” found in Section 203(o) of the Fair Labor Standards Act (“FLSA” or “Act”), holding that “changing clothes” includes putting on (donning) and taking off (doffing) protective gear. Section 203(o) of the FLSA allows employers and unions … Continue Reading

Broad Definition of “Disability” Endorsed By Fourth Circuit

In its recently published opinion in Summers v. Altarum Institute, Corp., No. 13-1645, decided January 23, 2014, the U.S. Court of Appeals for the Fourth Circuit became the first federal appellate court to hold that a sufficiently severe temporary impairment may constitute a disability under the Americans with Disabilities Act of 1990 by applying the … Continue Reading

New York City Earned Sick Time Act to Be Expanded

The New York City Earned Sick Time Act (the Act) will take effect on April 1, 2014. The Act requires most New York City employers to provide mandatory paid and unpaid sick leave to employees working in New York City, subject to certain minimum coverage requirements. On Friday, January 17, Mayor Bill de Blasio, standing … Continue Reading

New York State Takes Aim at Worker Misclassification: The Commercial Goods Transportation Industry Fair Play Act

  On Friday, January 10, 2014, Governor Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act), which is effective on March 11, 2014. The Act amends the New York Labor Law to create a presumption that any person performing commercial goods transportation services for a commercial goods … Continue Reading

New York City Earned Sick Time Act Takes Effect April 1, 2014

The New York City Earned Sick Time Act (the Act) has an enabling provision that ties its effective date to a Federal Reserve index measure of the New York City economy on December 16, 2013. That index measure has now been met. Therefore, the Act will take effect on April 1, 2014. Read this alert … Continue Reading

New York State Amends Labor Law to Protect Child Models

Runway and print models under the age of 18 are now considered “child performers” under an amendment to the New York Labor Law, Art. 4-A, §§ 150-154 signed by Governor Cuomo on October 21, 2013. This amendment is significant because it provides child models the same protections under the labor law as other young entertainers, including child … Continue Reading

AAA Adopts Optional Appellate Arbitration Process

Parties now have an opportunity to seek review of unfavorable arbitration awards before an appellate arbitral panel, pursuant to the Optional Appellate Arbitration Rules (Rules), recently released by the American Arbitration Association, effective November 1, 2013. This alert takes a look at the new rules, which describe the process and requirements for parties wishing to … Continue Reading

Joint Standards Proposed for Assessing Diversity Policies and Practices of Dodd-Frank Covered Entities

 Last month the six federal agencies that are subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 released jointly-proposed standards for assessing the diversity policies and practices of the entities they regulate. This alert provides an analysis of the proposed standards, which were published in the Federal Register on October 25, … Continue Reading

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

The New York State Court of Appeals’ recent holding in Romanello v. Intesa Sanpaolo, 2013 N.Y. LEXIS 2755; 2013 Slip Op 6600 (N.Y. Oct. 10, 2013), now makes it more difficult for employers covered by the New York City Human Rights Law (Administrative Code of City of NY § 8-107[1][a]) (“NYCHRL”) to terminate employees who … Continue Reading

Are You Ready for the Final Wage Deduction Rules?

The New York State Department of Labor (NYSDOL) issued final Wage Deduction regulations, effective October 9, 2013. This alert examines these regulations, which set forth the requirements for making authorized lawful deductions from employee wages under Section 193 of the New York Labor Law (NYLL), plus describe the mandatory requirements for recovering overpayments due to … Continue Reading

Rhode Island Laws Extend Paid Benefits to Caregivers

On July 11, 2013, the Governor of Rhode Island signed a new bill into law which will expand the state’s temporary disability insurance program to provide wage replacement benefits to workers who take time off to care for a seriously ill family member. This alert examines the provisions of the new law, which takes effect … Continue Reading

Oregon’s Bereavement Leave Law Is the First of Its Kind

The Governor of Oregon recently signed a law to mandate that certain private employers provide employees with bereavement leave. The new law, which is contained in an amendment to Oregon’s existing family leave statute, takes effect January 1, 2014. This alert provides an overview of the new law for employers. Read the full text of this … Continue Reading
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