Form I-9 Remote Review Flexibility Extended Until July 31, 2023
The Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) has announced another extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification. The policy, which was originally announced on March 19, 2020, was previously set to expire on October 31, 2022. With this new extension, the […]
NLRB General Counsel Issues Memorandum Supporting Increased Scrutiny of Electronic Employee Monitoring
On October 31, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, released GC Memorandum 23-02, entitled Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights. In the memo, she indicated that she plans to “urge the Board to protect employees, to the greatest extent possibly, from intrusive and […]
Important Reminder: Employee Paid Time Off to Vote
With the midterm elections fast approaching on November 8, 2022, it is important for New York employers to remember their obligations to provide employees time off to vote. Pursuant to Section 3-110 of the New York State Election Law, New York State employees are eligible for up to two hours of paid time off to vote if they do not have “sufficient time to […]
Wage and Hour Compliance
For employers, wage and hour laws can be complex and compliance with the scheme of federal and state laws regulating the payment of wages and overtime can be daunting. But it is critical for employers to understand their responsibilities under the applicable wage and hour laws, as non-compliance with these laws can subject them to litigation which […]
U.S. DOL Issues Proposed Rules on Classification of Independent Contractors
The U.S. Department of Labor (“U.S. DOL”) recently released proposed rules intended to clarify when workers are classified as employees as opposed to independent contractors under the Fair Labor Standards Act (“FLSA”). The proposed rules would abandon the current regulations which expanded the use of independent contractors and return to the position that the economic […]
Key Considerations of Employee Monitoring in the Workplace
Workplace monitoring is subject to a variety of laws regarding when employees have a right to privacy and if and when they must be notified that they are being monitored. The Electronic Communications Privacy Act (“ECPA”) of 1986 governs an employer’s monitoring of employees’ electronic communications in the workplace. The ECPA prohibits an employer from […]