Governor Hochul Vetoes New York State Freelance Isn’t Free Act
The New York State Legislature recently passed the Freelance Isn’t Free Act (the “Act”). If signed into law, the Act, which mirrors New York City’s Freelance Isn’t Free Act, would have provided protections to freelance workers/independent contractors. However, on December 23, 2022, Gov. Hochul vetoed Bill A9368/S8369B. The bill was modeled after the Freelance Isn’t […]
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 […]
New York Governor Hochul Signs Legislation Allowing Employees Facing Potential Layoffs to Petition Employers to Participate in a Shared Work Program
Governor Kathy Hochul recently signed legislation allowing employees facing potential layoff to petition employers to participate in a Shared Work Program. Under this amendment to the New York Labor Law, workers facing layoffs in New York State now have a right to ask their employers instead to trim all worker’s hours and have unemployment insurance […]
U.S. DOL Proposes New Tip Credit Rule
On June 23, 2021, the U.S. Department of Labor (“U.S. DOL”) published a Notice of Proposed Rulemaking which would impose a limit on when an employer can pay a tipped worker the “tipped minimum wage.” The new rule would reinstate the “80/20” rule under federal law and would clarify that an employer may only take […]
U.S. Department of Labor Withdraws Independent Contractor Rule
The U.S. Department of Labor (“DOL”) has announced a final rule officially withdrawing a proposed independent contractor rule that would have made it easier to classify workers as independent contractors under the Fair Labor Standards Act (“FLSA”). As we previously reported, the Trump administration proposed an independent contractor rule at the very end of his term. […]