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Total Articles: 10

Certainty is on the Horizon for the New York Home Care Industry

The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are employed by third-party agencies had to be paid for every hour of the shift and employers could not deduct sleep and meal periods.

New York City Legislation Would Mandate Sexual Harassment Training, Expand Employer Coverage under Human Rights Law

The New York City Council has introduced a package of legislation aimed at preventing sexual harassment in the workplace and strengthening the City’s anti-sexual harassment policies.

Have You Properly Prepared for a WPA Audit?

Executive Summary. Audits of compliance with the Wage Parity Act ("WPA") are on the rise. The NYS Attorney General's Medicaid Fraud Unit, Medicaid Inspector General ("OMIG"), and Department of Labor ("DOL") are all auditing home care agencies. Unless you know what will be asked, you are at a serious disadvantage. Unless you know how to prove your compliance with the WPA to an auditor, you are also at a serious disadvantage.

New Guidance for the New York Paid Family Leave Payroll Deduction

The ever-moving target that is the New York Paid Family Leave law (“PFL”) has, unsurprisingly, shifted yet again. We recently received confirmation from the New York State regulators that employers do not need to cap the weekly employee payroll deduction for PFL at .126% of the New York State Average Weekly Wage (NYSAWW) (approximately $1.65 per week in 2018).

New York Lawsuit Alleging Corporate Cover-Up at The Weinstein Company is a Lesson in What Not to Do

New York Attorney General Eric Schneiderman has filed a civil rights lawsuit against Harvey Weinstein, his brother Robert Weinstein, and their company, The Weinstein Company (TWC).

New York City Expands Definitions of ‘Sexual Orientation’ and ‘Gender’ in Human Rights Law

A new law passed by the New York City Council amends and significantly broadens the definitions of “sexual orientation” and “gender” in the New York City Human Rights Law (NYCHRL). The new law will become effective on May 11, 2018.

New York Paid Family Leave – One Month Check Up

The New York Paid Family Leave (NY PFL) law has been in effect for over a month, yet reports indicate that many New York employers are not prepared for the operation requirements of the law. The basics of the law shouldn’t be news to employers with employees in New York. The NY PFL law provides employees with job-protected, paid leave to bond with a new child, to care for a family member with a serious health condition, or due to a qualifying exigency that arises when a family member is deployed abroad on active military duty. If you need a refresher on the law’s basics, review this NY PFL At-A-Glance and watch Jackson Lewis’s recorded webinar.

NYC Updates “Sexual Orientation” And “Gender” Definitions Under Human Rights Law

New York City employers will soon be required to expand existing protections against sexual orientation and gender discrimination due to an amendment to the definitions of these terms under the New York City Human Rights Law (“NYCHRL”). The broadened definitions take effect on May 10, 2018.

The New York City Council Continues To Pass Laws Granting Employees The Power To Dictate Their Schedules

On December 19, 2017, on the heels of the effective date of the New York City Fair Workweek Act, the New York City Council passed another scheduling law that provides employees with additional rights to demand changes to their work schedules, with little flexibility for employers to reject such changes. The scheduling law, as discussed below, became effective on January 19, 2018.

New York City Employers Will Soon Be Obligated To Talk Out Reasonable Accommodations With Employees

The New York City legislature just enacted an amendment to the New York City Human Rights Law (NYCHRL) which codifies an employer’s obligation to engage in a cooperative dialogue with any employee who may be entitled to a reasonable accommodation. Although the amendments do not take effect until October 15, 2018, you should start the process of adjusting to this new reality right away.

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Jackson Lewis P.C. | New York | New Guidance for the New York Paid Family Leave Payroll Deduction (March 07, 2018)