NLRB Issues Final Rule on Standard for Determining Joint Employer Status

On October 26, 2023, the National Labor Relations Board (“NLRB”) issued a final rule addressing the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”).  The new rule is effective December 26, 2023.   Pursuant to the new rule, two or more employers of the same employees are considered joint employers of … Read more

President Biden Signs Executive Order Addressing the Use of Artificial Intelligence

On October 30, 2023, President Biden signed the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (hereinafter the “Executive Order”), addressing artificial intelligence issues for the American people.  Specifically, the Executive Order establishes new standards for artificial intelligence relating to safety, security, privacy, civil rights, immigration, and health care. … Read more

New York City Amends Safe and Sick Time Regulations

Recently, the New York City Department of Consumer and Worker Protection (“Department”) issued a Final Rule amending the Earned Safe and Sick Time Act (“ESSTA”) regulations to align with the statutory amendments made by the 2020 New York State Paid Sick Leave Law. The rule amendments also provide additional clarification for employers about their compliance … Read more

New Form I-9 Must Be Used Starting November 1, 2023

As you are aware, federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may … Read more

New York Governor Hochul Passes Bill that Modifies the Definition of Clerical and Other Workers

woman writing at work

Recently, New York Governor Kathy Hochul signed bill S5572/A6796 that amends the New York Labor Law’s definition of “clerical and other worker.”  Specifically, the new legislation increases the minimum weekly earnings that a bona fide executive, administrative, or professional employee must receive to be excluded from the category of “clerical and other worker,” from $900 … Read more

New York Enacts Law Regarding Captive Audience Meetings

large meeting room empty

On September 6, 2023, New York Governor Kathy Hochul signed the captive audience bill into law which prohibits employers from coercing employees into attending or participating in meetings sponsored by the employer concerning the employer’s views on political or religious matters. The legislation also requires employers to post a sign in every workplace informing employees of … Read more

U.S. Department of Labor Proposes to Raise the Exempt Salary Threshold

On August 30, 2023, the United States Department of Labor (“DOL”) announced a proposed rule that would significantly increase the minimum weekly salary to qualify for the Fair Labor Standards Act (“FLSA”) white collar exemptions. The minimum salary would increase from $684 per week (the annual equivalent of $35,568) to $1,059 per week (the annual … Read more

Reminder: New York State Pay Transparency Law Effective September 17, 2023

As we previously reported, effective September 17, 2023, employers will be subject to the New York State Pay Transparency law.  Pursuant to the new law, employers who advertise a job, promotion, or transfer opportunity must include: (1) the compensation or a range of compensation for such job, promotion, or transfer opportunity; and (2) the job … Read more

New York Prohibits Employers from Accessing Employees’ Personal Social Media Accounts

Recently, New York enacted a law that prohibits an employer from requesting or requiring that an employee or applicant for employment disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.  The new law also prohibits employers from retaliating against employees and applicants who refuse … Read more

NLRB Establishes New Standard for Evaluating Workplace Policies

The National Labor Relations Board (“NLRB” or “Board”) recently released the decision Stericycle Inc., which revises the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (“NLRA”).  Specifically, the decision reverses the Board’s former decision in Boeing Co. and adopts a new test: specifically, could a worker reasonably read, or interpret, a … Read more

USCIS Announces Permanent Option for Remote Inspection for E-Verify Users and New Form I-9

Permanent Remote Review On July 25, 2023, the Department of Homeland Security (“DHS”) published a final rule that will provide eligible employers filling out the Employment Eligibility Verification Form I-9 an optional alternative to the in-person physical document examination method that employers have followed as part of the Form I-9 process.  The alternative procedure is … Read more

New York State Minimum Wage to Increase in 2024

New York State Governor Kathy Hochul has signed the New York State 2024 Budget Agreement into law, which contained increases to the State’s minimum wage rates.   Effective January 1, 2024, the minimum wage will increase incrementally over the next few years based on the region where employees work as follows: Effective Date New York … Read more