DOL Issues Opinion Letters on Employee Compensation for Voluntary Training Attendance and Work-Related Travel Time
Does an employer have to pay employees for attending training courses or lectures? Does an employer have to pay employees for time spent traveling to work or job sites? The U.S. Department of Labor (“DOL”) recently answered these questions in some detail. The DOL issued two opinion letters on the compensability of time non-exempt employees […]
NYS Paid Sick Leave Law FAQs Published
On October 20, 2020, the NYS Department of Labor (“DOL”) released Frequently Asked Questions (FAQs) concerning the NYS Sick Leave Law (“NYSSL”) that went into effect on September 30, 2020. The FAQs are a helpful first step in allowing employers and employees to navigate and understand the NYSSL, but leaves some questions unanswered. Here are […]
Amended NYC Earned Safe and Sick Leave Act Effective September 30, 2020
The New York City Earned Sick and Safe Time Act (ESSTA) was amended by Senate Bill S7506B. Some of the amendments essentially mirror the new New York State Sick Leave law (NYSSL). The amendments were signed into law on September 28, 2020 and took effect on September 30, 2020, the same day the NYSSL went […]
New York State’s Paid Sick Leave Law Effective September 30, 2020
New York State’s new sick leave law (NYSSLL) goes into effect tomorrow, September 30, 2020. Employers must allow employees to start accruing sick leave tomorrow or must advance the total required amount of sick leave as of January 1, 2021. Employees may begin to use sick leave under the new law as of January 1, […]
Additional EEOC Guidance on COVID-19’s Impact on Workplace Discrimination Laws
On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its technical assistance document, which includes Q&As on COVID-19 and its impact on federal discrimination laws such as the Americans with Disabilities Act (“ADA”). The EEOC added 18 Q&As in this document by incorporating information sourced from the EEOC’s Pandemic Preparedness in the Workplace […]
DOL Revises its FFCRA Regulations After Court Ruling
Last month, a New York federal court (the “Court”) struck down parts of the U.S. Department of Labor’s (“DOL”) regulations (“Rule”) on the Families First Coronavirus Response Act (“FFCRA”). In response, the DOL revised portions of its Rule on September 11, 2020. The DOL stated in its updated FAQs (#102) that it considers the Court’s […]
NYS Federal District Court Invalidates DOL’s New Joint Employment Standard
On September 8, 2020, a New York federal district judge ruled that the U.S. Department of Labor’s (“DOL”) newly created standard for joint employer liability was illegal. At the beginning of this year, the DOL issued a new rule (“Final Rule”) for determining joint employment, which eventually became effective March 16, 2020. The Final Rule […]
Another Pandemic Peril: Remote Learning and the Misclassification of Independent Contractors
Schools in New York and New Jersey will be reopening this week or within the next few weeks for the fall semester, whether providing in-school instruction, only remote instruction, or a hybrid of remote and in-school instruction. Working parents who choose the all-remote or hybrid learning option—or whose children’s schools made the choice for them—have […]
NY Federal Court Strikes Down Portions of DOL’s Regulations On FFCRA
On August 3, 2020, a New York federal court (“Court”) vacated portions of the U.S. Department of Labor’s (“DOL”) regulations (“Final Rule”) with respect to the Families First Coronavirus Response Act (“FFCRA”). The State of New York, which brought the lawsuit, argued that the Final Rule exceeded the DOL’s authority to interpret the statute. The […]
Providing Clear Masks for Workers to Prevent Disability Discrimination Lawsuits
Making sure your employees are geared up with masks at work may not be enough. This is the message that employers should take away from the proposed class action that a store customer brought against Nike in California state court, on behalf of herself and others who also are deaf or hard of hearing. Nike, […]
