Labor and Employment

Proactively Managing Risk

Balancing the interests of employers and employees amidst a complex body of employment laws poses risks and challenges. We keep businesses safe. From prevention and compliance to dispute resolution, we work with you to define your goals and devise creative solutions that achieve lasting results. More than a legal solution, we are a practical business approach. By understanding your interests and minimizing risk exposure, we can assist you in achieving a positive work environment that fosters long-term success. 

Tarter Krinsky & Drogin’s Labor and Employment Practice counsels clients in every aspect of the employment relationship.  We understand that a productive work environment is critical to your company’s success and we work in tandem with you to create clear workplace standards that comply with federal, state and local laws. 

Risk Management, Compliance and Prevention

Recognizing how cost effective it is to reduce risk, we focus on prevention. Our work includes developing company policies and employee handbooks, conducting lawful interviews, screening programs and internal investigations, and drafting employment, non-compete and confidentiality agreements. When terminations occur, we implement downsizing, discharge and disciplinary decisions and draft severance agreements.

Through our deep familiarity with state and federal employment laws relating to workplace harassment and discrimination, employee leave rights, wage and hour, and the Americans with Disabilities Act, we are able to distill regulatory issues to a granular level, enabling you to make informed business decisions.

By frequently training human resources and management about current law and developments, our clients are empowered to address challenging issues internally. The result is a more harmonious work environment for employees, minimal risk and cost savings for our clients.

Our Labor and Employment lawyers often provide risk management training programs to our clients and trade associations. These trainings have focused on non-discrimination/sexual harassment, restrictive covenants, wage and hour, public works/prevailing wages and employment practices liability insurance (EPLI) issues. Our lawyers work closely with clients to tailor these training programs to their specific needs and to address significant developments in the law. 

Resolving Disputes and Litigation

When litigation arises, we pursue cases proactively and cost-consciously. Our attorneys are experienced in defending employment-related claims in federal and state courts, and before administrative agencies throughout the United States. Additionally, we have significant experience representing employers in arbitrations and mediations.

Labor and Management Relations

We counsel management in their relationships with unionized labor, including issues and grievances, lawful conduct in connection with unionization, collective bargaining agreements, strike, lockout and picketing situations, breach of duty/fair representation claims, and proper conduct during decertification proceedings. Our attorneys often facilitate proceedings before the National Labor Relations Board and New York State Public Employment Relations Board, as well as in federal and state courts. Partnering with Employee Benefits Practice, we also handle ERISA matters related to benefit fund contributions.  

Employment Practices Liability Insurance

We act as Employment Practices Liability Insurance (EPLI) approved counsel for a number of major insurance carriers, defending their insureds in employment law matters. Our EPLI cases include defense of employment discrimination, housing discrimination and wage and hour cases in the real estate, restaurant, higher education and not-for-profit sectors, among others.

Public Accommodation Cases

Given our depth of experience regarding disability discrimination issues, we defend landlords and tenants, as well as other providers of public accommodations, in accessibility case brought under Title III of the Americans with Disabilities Act, and State and City laws.

Representative matters include:

  • Successfully negotiated an initial collective bargaining agreement for the South Carolina branch of a multi-state trucking and logistics company.

  • Prevailed in multiple discharge arbitrations under collective bargaining agreements for several NYC-based real estate companies.

  • Negotiated prompt, fair and reasonable settlement (pre-discovery) of a wage and hour lawsuit commenced against a property management company.

  • Conducted an investigation prompted by #MeToo movement on behalf of an international food company.

  • Counseling regional accounting firm to repel threatened claims by former partner claiming unethical conduct.

  • Counseled Board of Managers on union organization efforts and claims against managing agent that failed to properly compensate employees.

Name Title Direct Dial Vcard
Dougherty, Anthony D. Partner and Chair of Corporate Investigations Practice and Co-Chair of Reputation Management Practice Partner and Chair of Corporate Investigations Practice and Co-Chair of Reputation Management Practice 212.216.8099 VCard
Drogin, Laurent S. Partner and Chair of Labor and Employment Practice and Co-Chair of Restrictive Covenant Practice Partner and Chair of Labor and Employment Practice and Co-Chair of Restrictive Covenant Practice 212.216.8016 VCard
Feder, Hagit Senior Compliance Administrator, CFE Senior Compliance Administrator, CFE 212.216.1109 VCard
Hershberg, Jonathan S. Counsel Counsel 212.216.8009 VCard
Kleinmann, David N. Partner and Co-Chair of Restrictive Covenant Practice Partner and Co-Chair of Restrictive Covenant Practice 212.216.1115 VCard
Schoenstein, Richard C. Partner and Co-Chair of Securities and Financial Services Litigation Group Partner and Co-Chair of Securities and Financial Services Litigation Group 212.216.1120 VCard
Schuchert, Wolf Paralegal Paralegal 212.216.1183 VCard
Steer, Richard L. Partner and Chair of Employment Practices Liability Insurance Practice Partner and Chair of Employment Practices Liability Insurance Practice 212.216.8070 VCard
Toevs Carolan, Tara Partner Partner 212.216.8007 VCard
Zagorsky, Arthur Partner Partner 212.216.8030 VCard
  • apple seeds LLC

    apple seeds LLC is a growing organization that provides indoor playground facilities, classes, birthday parties and other activities. As an emerging and growing business, apple seeds needed a business-minded legal partner who understood the challenges of being a middle market business. They needed help building the company from the ground floor up, and providing a solid foundation for future growth.  

  • Nitehawk Cinema

    Entrepreneur Matthew Viragh approached David Pfeffer, Chair of Tarter Krinsky & Drogin’s Construction Practice, for legal and business counsel relating to a new and unique cinema to be opened in Williamsburg, Brooklyn.

  • U.S. Department of Labor Publishes New Guidance Concerning FFCRA COVID-19 Paid Leave and School Re-openings
    August 28, 2020

    The U.S. Department of Labor (DOL) published new FAQs on August 27, 2020, for employers about paid leave under the Families First Coronavirus Response Act (FFCRA) related to the re-opening of schools. The guidance describes eligibility for paid leave in response to the varied reopening formats and schedules announced by schools including blended in-person and remote learning.

  • COVID-19 Reopening Safety Plans and Updating Employee Policies
    August 19, 2020

    The COVID-19 global pandemic has created additional health and safety considerations for employers, who as it is, already have a general duty to provide a safe working environment. As businesses and employers prioritize the health, safety, and well-being of their employees and workers, their families, and the wider community, through updating and maintaining their required written Reopening Safety Plans, they are also focusing on disseminating written COVID-19-related workplace policies.

  • Labor Law Amendments Mean New Wage Notices and Wage Statements for All Who Are Subject to Wage Parity
    July 28, 2020

    While everyone’s attention was fixed on COVID-19 and the surrounding chaos, New York State Governor Andrew Cuomo signed the state budget for fiscal year 2020-2021, ushering in several new labor laws and amendments. Some of these such amendments concern the Home Health Care Worker Wage Parity Law (Wage Parity Law) and New York’s Wage Theft Prevention Act (WTPA).

  • ACT NOW. New Prevailing Wage Notification Requirements Are in Effect!
    July 28, 2020

    Does your company perform “prevailing wage” work? If so, you now have additional obligations under New York’s Wage Theft Prevention Act (WTPA), which was amended by Governor Andrew Cuomo’s signing of the 2020-2021 state budget. Examples of prevailing wage work include non-union positions in construction or building service jobs.

  • REMINDER: New York Employers Should Use This Form When Terminating/Furloughing Employees OR Reducing Length of Workweek!
    May 4, 2020

    Employers in New York State must provide any employee whose employment is ending (either permanently or until recalled) or who will be working less than four days per week and earning less than $504 with the following information: New York State Employer Registration Number, Federal Employer Identification Number (FEIN), Employer Name, and Employer Address.

  • New York State Voting Leave Amended Again
    April 27, 2020

    One year ago, voting leave in New York was expanded to provide three hours of paid voting leave to all employees, regardless of whether they had time outside of work to go to the polls. But this expanded leave was short-lived. As of April 3, 2020, Section 3-110 of the New York State Election Law detailing the time allowed for employees to vote has been amended to closely resemble its previous iteration. The amendments were announced as part of New York State Governor Andrew Cuomo's 2020-2021 state budget.

  • COVID-19 Update: Guidance and Forms
    April 1, 2020

    Guidance and forms are now available for employers to use in documenting leave requests and complying with requirements under the new federal and state COVID-19 leave laws.

  • New York Paid Leave and Job Protection for COVID-19 Quarantine or Isolation Order
    March 25, 2020

    On March 18, 2020, New York State adopted new legislation providing employees subject to the Coronavirus (COVID-19) quarantine or isolation order with immediate sick leave, disability benefits and paid family leave. These benefits apply to employees who cannot work (including an inability to work remotely).

  • U.S. Federal Government Announces New Emergency Paid Sick Leave Act and Modifies Family and Medical Leave Act
    March 20, 2020

    On March 18, the President signed the Families First Coronavirus Response Act. Among other emergency aid initiatives, the Act mandates paid sick leave as well as amends the Family and Medical Leave Act (FMLA) to provide job-protected leave for employees impacted by COVID-19. Outlined below are key provisions.

  • Non-Essential Businesses Must Convert 75% of Workforce to Remote Working Arrangements by March 20
    March 19, 2020

    New York State Governor Andrew Cuomo announced that his Executive Order 202.6 requiring non-essential businesses to keep 50% of their workforce offsite has been updated to increase that number to 75%. This means that if your business is deemed non-essential, you may only have 25% of your workforce working in the office or "onsite" starting Friday, March 20.

  • Our Top 10 Legal Alerts from 2019
    January 15, 2020

    As we start a new year, we would like to share with you some of our most popular legal alerts from 2019. Our top-read alerts range from construction, labor & employment, tax, immigration, trusts & estates, cooperatives & condominiums, real estate, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • Service and Emotional Support Animals in Office Buildings in New York City
    September 12, 2019

    What rights do employees of tenants or other occupants of office buildings have to bring service animals and emotional support animals into New York City office buildings? What rules and restrictions can the owners of office buildings impose? What questions are building owners permitted to ask about the animal and its owner? Are there any limits on the types of animals that owners must permit in their building?

  • Laurent Drogin and David Kleinmann Author Association of Corporate Counsel Article on Restrictive Covenants – Choosing Between New Jersey and New York Law for Multi-State Employers
    July 12, 2019

    Labor and Employment chair Laurent Drogin and partner David Kleinmann authored an article featured in the Association of Corporate Counsel’s summer 2019 newsletter titled, “Restrictive Covenants – Choosing Between New Jersey and New York Law for Multi-State Employers.” In the article, Laurent and David discuss restrictive covenants for employers with employees in both New York and New Jersey.

  • Tarter Krinsky & Drogin’s Top 10 Legal Alerts from the First Half of 2019
    June 25, 2019

    As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019. Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • Employers of Home Health Aides Can Sleep Easy Tonight – the “13-Hour Rule” Has Been Upheld!
    April 2, 2019

    Home health aides are often hired through a health care agency to work 24-hours shifts caring for elderly or infirm family members. But what about the law requiring employers to pay overtime where an employee works more than 40-hours in a workweek? The New York State Department of Labor's (DOL) "13-hour rule" has been standard in the home health care industry since at least March 2010, when the DOL issued an opinion letter on this issue. The DOL opined that home health aides working 24-hour "live-in" or "sleep-in" shifts need only be paid for 13 working hours as long as they receive three hours for meals and an eight-hour sleep period, five hours of which must be uninterrupted, during each shift.

  • Are Some Salaried Employees Earning $100,000+ per Year Entitled to Overtime? "Yes," Says the U.S. Department of Labor
    March 14, 2019

    The U.S. Department of Labor (DOL) has just proposed new overtime rules to replace those that were presented during the Obama administration, but frozen by the courts after the 2016 election. Since this new story broke, much has been written about it in the media. But most reports have buried the lead.

  • They're Out! New York Department of Labor Tosses Proposed "Call-In Pay" Regulations Following Public Outcry
    March 7, 2019

    New York employers have one less administrative headache to deal with - at least, for now. The New York State Department of Labor (DOL) has announced that, as of March 1, 2019, it will not implement proposed regulations concerning "call-in," "just-in-time" or "on-call" scheduling requirements - more commonly known as the "predictive scheduling regulations" - that would have affected most employers throughout the state.

  • Our Top 10 Legal Alerts from 2018
    January 14, 2019

    As we start a new year, we would like to share with you some of our most popular legal alerts from 2018. Our top-read alerts range from construction, corporate and securities, labor and employment, tax and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • The Other Shoe Drops: New York City Commission on Human Rights Publishes FAQs on Sexual Harassment Training
    November 9, 2018

    Under New York City's recently enacted Stop Sexual Harassment in New York City Act (NYC Local Law 96 (2018)), employers in New York City with 15 or more employees at any point in the previous calendar year must provide all employees and eligible independent contractors with sexual harassment training. The New York City Commission on Human Rights (CCHR) has just released FAQs that expound on these training requirements.

  • Laurent Drogin Authors Article for ACC Fall 2018 Newsletter on Creating Compelling Restrictive Covenants
    October 24, 2018

    Labor & Employment chair Laurent Drogin wrote an article that was featured in the Association of Corporate Counsel (ACC) Fall 2018 New York City chapter newsletter titled, "Your Color-Coded Crib-Sheet to Creating Compelling Restrictive Covenants.”

  • Deadline Extension: New York State Sexual Harassment Training Completion Date Now October 9, 2019
    October 2, 2018

    As reported in our recent client alert, employers must provide sexual harassment training to all of their employees. The deadline for training, which had been January 1, 2019, has been moved back to October 9, 2019.

  • New York State Division of Human Rights Releases Drafts of Long-Awaited Sexual Harassment Training Requirements, Policy and Complaint Form
    August 24, 2018

    As reported in our recent client alert, Employer Action Required: New Posting Requirements in NYC for Anti-Sexual Harassment Act, the New York Human Rights Law will require all New York employers to provide all employees with a sexual harassment policy by October 9, 2018. Under the New York Labor Law, such policy must also include a complaint form.

  • Employer Action Required: New Posting Requirements in NYC for Anti-Sexual Harassment Act
    August 17, 2018

    The New York City Commission on Human Rights (NYCCHR) has just published the anti-sexual harassment notice and fact sheet that employers are required to implement by September 6, 2018. As a reminder, these requirements are part of the new "Stop Sexual Harassment in NYC Act," a legislative package aimed at combatting workplace sexual harassment. Here's what NYC employers need to know about it.

  • Work Scheduling Rules Just Got More Complicated for Employers in NYC
    August 13, 2018

    Int. 1399-A, titled, "Temporary Changes to Work Schedules for Personal Events and Protections from Retaliation for Making Schedule Change Requests,” amended New York City’s Fair Workweek Law to allow employees to request temporary changes to their schedules for personal events without fear of retaliation. The amendment is effective as of July 18, 2018, or upon expiration of an existing collective bargaining agreement. Here's what employers need to know about the new scheduling rules.

  • Richard Schoenstein Authors New York Law Journal Article on the Workforce Mobility Act: The Wrong Solution For Non-Compete Litigation
    July 16, 2018

    Litigation partner Rich Schoenstein authored an article for the New York Law Journal’s special Litigation report titled, "The Workforce Mobility Act: The Wrong Solution For Non-Compete Litigation.”

  • New Jersey Employers: Are Your Independent Contractors Properly Classified? It's Time to Make Sure.
    June 25, 2018

    On May 3, 2018, Governor Phil Murphy signed Executive Order No. 25, establishing a Task Force on Employee Misclassification. The Task Force, which must meet, organize and commence work as soon as possible, was created to address New Jersey employers' misclassification of employees as independent contractors.

  • New Jersey Employers Must Take Immediate Action in Anticipation of the State's New Equal Pay Law
    June 5, 2018

    During the past few months, New Jersey has taken several leaps forward in the realm of labor and employment law, arguably solidifying its spot amongst the leaders in the recent push for increased employee protections. Perhaps the most significant of these moves was Governor Phil Murphy's enactment of the Diane B. Allen Equal Pay Act on April 24, 2018, to go into effect on July 1, 2018.

  • Employer Action Required: Revised Notice of Employee Rights for NYC's Earned Safe and Sick Time Act
    May 24, 2018

    As we discussed in a previous alert, New York City's updated Earned Safe and Sick Time Act, which revised New York City's existing paid sick leave law to include coverage for "safe" leave, took effect on May 5, 2018.

  • Laurent Drogin, David Kleinmann and Rich Schoenstein Author Article on the Enforcement of New York Non-Compete Agreements
    May 1, 2018

    Non-compete agreements generally are disfavored in New York, but courts will enforce them if they are reasonable in time, geographic scope and are intended to protect a company's "legitimate protectable interest(s)" as opposed to being simply anti-competitive. One question that has never been clearly answered is whether an employer's termination of an employee "without cause" will render a non-compete agreement unenforceable. In this article, Labor & Employment Chair Laurent Drogin and partner David Kleinmann, who are the co-chairs of the firm’s Restrictive Covenant practice, and Litigation partner Rich Schoenstein explore a significant decision handed down by the appellate court covering Manhattan and the Bronx impacting the enforcement of restrictive covenants.

  • Sexual Harassment: Recent Amendments Create Significant New Requirements For New York Employers
    April 20, 2018

    On April 11 and 12, 2018, the landscape surrounding sexual harassment claims was rewritten by major amendments to applicable New York State and New York City law. Many of the measures mirror legislation that has been introduced in other states and cities as part of a nationwide push in response to the #MeToo movement and the subsequent increased dialogue around workplace sexual harassment. New York is at or near the forefront of this movement, and employers need to take action to remain compliant with their new legal obligations.

  • Construction Industry Double-Breasting: Recent Developments and Lessons Learned
    January 24, 2018

    Here is an update to our prior client alert titled, "Construction Industry Double-Breasting: Recent Trends and Best Practices," which now includes additional information about a recent court decision impacting employers in the construction field.

  • What the Earned Safe and Sick Time Act Means for New York Employers
    November 9, 2017

    On November 6, 2017, New York City Mayor Bill de Blasio signed into law an amendment to the NYC Earned Sick Time Act, expanding coverage to New York City workers to now include paid "safe time."

  • Laurent Drogin Publishes Article for the Association of Corporate Counsel (ACC) on Developments in the Settlement of Wage & Hour Litigation
    October 17, 2017

    Labor & Employment Chair Laurent Drogin published an article for the Association of Corporate Counsel’s (ACC) New York City fall newsletter titled, “Unsettling Developments in the Settlement of Wage & Hour Litigations.” In the article, Laurent notes that in recent years, corporate counsel have been dealing with a massive increase in wage and hour issues, often in the form of a lawsuit, a Department of Labor investigation or an in-house compliance audit. He notes that the vast majority of lawsuits settle before trial, and from a company’s perspective, early resolution limits legal expenses, business distraction and, of course, liability. 

  • Unsettling Developments in the Settlement of Wage & Hour Litigations
    October 13, 2017

    It is widely understood that the vast majority of lawsuits settle before trial. From a company’s perspective, early resolution ensures certainty and limits legal expense, business distraction and – of course – liability. In recent years, corporate counsel have been dealing with a massive increase in wage and hour issues, often in the form of a lawsuit, Department of Labor investigation or an in-house compliance audit. Any attorney who has experienced a wage and hour issue learns quickly that these are thorny matters.

  • David Kleinmann Authors Law360 Article on Clearing Up Broker-Dealer Classification Questions in NY
    July 6, 2017

    Law360 published an article authored by Labor and Employment partner and co-chair of the Restrictive Covenant practice David Kleinmann titled, “Clearing Up Broker-Dealer Classification Questions in NY.” The article explores a recent decision by the New York State Department of Labor’s Unemployment Insurance Appeal Board that provides broker-dealers with greater clarity surrounding whether Financial Industry Regulatory Authority-registered representatives working in stockbroker positions are properly classified as independent contractors and whether sales mentorship and assistance programs can be conducted without creating an unintended employer-employee relationship.

  • Laurent Drogin Writes New York Law Journal Op-Ed in Response to Article on the Gig Economy
    June 27, 2017

    An op-ed written by Labor & Employment chair Laurent Drogin was featured in the New York Law Journal. The op-ed was in response to Wendy Lazar’s May 1, 2017 NYLJ article, “The Gig Economy: A Threat to Basic Employment Rights."

  • Richard Schoenstein and David Kleinmann Author Law360 Article on How Restrictive Covenants Can Be Used With Balance
    June 14, 2017

    Business and Employment Litigation partner Richard Schoenstein and Labor partner and Restrictive Covenant practice co-chair David Kleinmann published an article, “Restrictive Covenants: Looking Beyond the Criticism,” for Law360.

  • Sexual Orientation Discrimination: One Step Closer to Protection by Federal Law
    April 10, 2017

    On April 4, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana and Wisconsin) became the first federal appellate court to recognize sexual orientation as being protected by Title VII of the Civil Rights Act of 1964.

  • Article by Laurent Drogin on New York City’s New Law Prohibiting Employers From Inquiring About Applicants’ Salary History Featured in ERE
    April 10, 2017

    ERE Recruiting Intelligence featured an article by Labor & Employment chair Laurent Drogin that explores New York City’s new law that prohibits employers from inquiring about the salary of applicants.

  • A First Look at New York City's New Law Prohibiting Employers From Inquiring About the Salary History of Applicants
    April 6, 2017

    In its latest effort to close the "gender gap" on wages, the New York City Council has enacted legislation (effective in 180 days) prohibiting employers from inquiring about a job applicant's "salary history."

  • Laurent Drogin Publishes Law360 Article About How a Tweet With No Words Could Impact New York Labor Law
    March 23, 2017

    Labor & Employment partner and chair Laurent Drogin authored a Law360 article titled, How A Tweet With No Words Could Impact NY Labor Law.” The article explores the implications of the firing of former New York Post sportswriter Bart Hubbuch, who sued his former employer and alleged that his termination was due to a tweet in which he compared President Donald Trump’s inauguration to tragic dates in American history.

  • Richard Steer and Jonathan Hershberg Co-Author a New York Law Journal Article on Employee Background Checks: The New Compliance
    March 16, 2017

    Labor & Employment partner Richard Steer and associate Jonathan Hershberg co-authored a March 16 New York Law Journal article with David Mederrick, the president and CEO of Team Screening titled, "Employee Background Checks: The New Compliance Arena."

  • Game-Changer on Enforcement of New York Non-Compete Agreements
    January 24, 2017

    In a recent decision in Buchanan Capital Markets LLC v. DeLucca, an appellate court in Manhattan placed the enforceability of non-compete agreements in jeopardy for New York employers.

  • Department of Labor’s Appeal of Overtime Exemption Injunction Likely Weakens Under New Secretary of Labor
    December 14, 2016

    On November 23, we reported that a federal judge in Texas had issued an injunction blocking implementation of the long-awaited new Fair Labor Standards Act exemption regulations.

  • Update on Potential Changes to the Fair Labor Standards Act
    November 23, 2016

    The much publicized changes to the Fair Labor Standards Act have been enjoined by a federal court judge in Texas and may never take effect.

  • New Federal Overtime Rule is a Boon to Employees, a Potential Minefield For Their Employers
    May 26, 2016

    The U.S. Department of Labor (DOL) announced on May 18 its final, long-awaited revisions of the rules that govern the salary cutoff for the "white collar" overtime exemption under the Fair Labor Standards Act (FLSA).

  • New Grocery Worker Protection Act
    February 19, 2016

    On January 19, 2016, The New York City Council added yet another piece of legislation to the raft of new municipal labor laws that have taken effect so far in 2016.

  • New York Federal Court Finds That Temporary Attorneys Performing Certain Document Reviews Are Not Entitled to Overtime
    January 8, 2016

    On December 30, 2015, Judge Ronnie Abrams of the United States District Court for the Southern District of New York, dismissed a class action seeking overtime pay for temporary attorneys, under contract with a staffing company, who performed document reviews for a law firm.

  • Proposed Change to FLSA Regulations Would Make Exempt Status More Expensive
    July 14, 2015

    On July 6, 2015, the United States Department of Labor (DOL) published its highly-anticipated proposed rules that would require the payment of overtime to certain employees who currently have no entitlement to overtime.

  • Amendment To New York City Human Rights Law Bans Employers From Using Credit Information
    July 9, 2015

    On May 7, 2015, New York City Mayor Bill de Blasio signed a law that prohibits businesses from taking any employment-related action against an individual based on credit information. The law takes effect on September 7, 2015 but preparations should begin now.

  • New York City Council Passes the "Fair Chance Act" Establishing New Process for Inquiring into and Considering Job Applicants' Criminal History
    June 18, 2015

    On June 10, 2015, the New York City Council passed the Fair Chance Act ("FCA"). It seems certain to be signed into law by Mayor Bill de Blasio in the coming weeks.

  • Pacific Lutheran University and Service Employees International Union, Local 925
    January 5, 2015

    On December 16, 2014, The National Labor Relations Board issued a ruling which could clear the path for unionization of faculty members who were once considered "managerial employees."

  • Employers No Longer Required To Give Annual Pay Notices By February 1
    January 5, 2015

    On December 29 Governor Cuomo signed a bill amending the New York Wage Theft Prevention Act ("WTPA”). Most significantly, it removes the requirement that employers provide all employees with an annual wage notice by February 1 of each calendar year.

  • Minimum Wage Changes for 2015
    December 22, 2014

    New York employers are reminded that the hourly minimum wage and wage credits, as well as the minimum weekly salary required for employees to quality for the professional, executive and administrative exemptions are increasing effective December 31, 2014.

  • A Simple Solution to NYC Earned Sick Time Act Compliance – New FAQ spells relief
    October 15, 2014

    There has been an important development regarding the NYC Earned Sick Time Act (“ESTA”). This is the law that now requires most employers to provide up to 40 hours of annual paid sick time to their employees. 

  • The Truth About Restrictive Covenants: Great Protection; Bad Reputation
    June 16, 2014

    A key employee just resigned, took a thumb-drive containing gigabytes of your company’s confidential information, and is now working for your competitor.  Your customers are being solicited and key employees are receiving job offers enticing them to leave. What would you do?  What could you have done?

  • The Truth About Restrictive Covenants: Great Protection; Bad Reputation
    June 16, 2014

    A key employee just resigned, took a thumb-drive containing gigabytes of your company’s confidential information, and is now working for your competitor.  Your customers are being solicited and key employees are receiving job offers enticing them to leave. What would you do?  What could you have done?

  • Changes to New York City's Human Rights Law for Pregnant Employees
    January 30, 2014

    On October 2, 2013, departing New York City Mayor Michael Bloomberg signed a law amending the New York City Human Rights Law (NYCHRL) to add protections for pregnant employees. The new law, went into effect on January 30, 2014, requires that employers with four or more employees provide reasonable accommodations to an employee due to pregnancy, birth, or a related medical condition that is known or should be known by the employer.

  • Businesses With 50 or Fewer Employees are Able to Participate in New York’s Small Business Health Options Program (SHOP)
    January 12, 2014

    As of 2014, under the Affordable Care Act (ACA), an Exchange will be fully implemented and operating in every state.  An Exchange is an organized marketplace designed to help people shop for and enroll in health insurance coverage.  States have the option to implement their own Exchange, or allow the federal government to set up an Exchange in their state.

  • Troubling New NLRB Decision Concerning Temporary Staffing Employees
    January 12, 2014

    In what may be the first decision of its kind, the National Labor Relations Board’s (NLRB) Regional Director in Baltimore determined on June 20, 2013 that a staffing firm’s temporary employees constituted an appropriate unit for collective bargaining and ordered an NLRB election to be held to determine whether the temporary employees wanted to unionize.  

  • Annual WTPA Notice to Employees: Due February 1, 2014
    January 6, 2014

    As you may be aware, the February 1, 2014 deadline to comply with the annual notice requirement of the Wage Theft Prevention Act (WTPA) is approaching.  To comply with this requirement, each employer in New York must provide their employees with a written notice on or before February 1, 2014 containing the following information:

  • Mandatory Sick Time Requirements for NYC Employers and Reminder about New York State Minimum Wage Increases
    November 22, 2013

    On April 1, 2014, a new law will likely take effect that requires employers to provide sick time to all of their employees who work at least 80 hours per calendar year within New York City.

  • New "Unemployment Discrimination" Law Now in Effect in New York City
    July 3, 2013

    A new law affecting employers operating in New York City with four or more employees took effect on June 11, 2013.  The new law prohibits an employer from basing employment decisions related to “hiring, compensation or the terms, conditions or privileges of employment on an applicant’s unemployment.”

  • Family and Medical Leave Act New Forms and Poster Requirement
    March 15, 2013

    The United States Department of Labor has updated the forms that should be used, and the poster that should be displayed, in connection with the Family and Medical Leave Act.

  • Labor & employment Aftermath of Hurricane Sandy
    November 5, 2012

    In the aftermath of Hurricane Sandy many businesses have been and may continue to be disrupted. These developments raise questions for employers regarding how to properly pay employees when the amount of work is low or uncertain.

  • "Wage Theft Prevention Act" Annual Notice Requirement for Existing Employees Due February 1, 2012
    January 23, 2012

    In April 2011, the New York State Labor Law was amended to impose new requirements on employers and to impose greater penalties for violations. There are three critical parts to the law: (i) Notices for new hires; (ii) Notices for existing employees; and (iii) New information required on paystubs. Employers must ensure that they provide the annual wage notice form to existing employees by February 1.

  • Labor and Employment National Labor Relations Board Posting Requirement
    September 30, 2011

    Effective November 14, 2011, employers covered by the National Labor Relations Act (“the Act”), the vast majority of businesses, will be required to post a notice in the workplace informing their employees of the rights and protections available to employees under the Act.  This posting requirement comes to you from the National Labor Relations Board (“Board”).

  • The "Wage Theft Prevention Act" Takes Effect
    April 6, 2011

    In the event that your payroll service provider has not alerted you to this important change in the law, please be aware of the following: The New York State Labor Law has been amended (as of April 9) to impose new requirements on employers and to impose greater penalties for violations.  There are three critical parts to the law: (i) Notices for new hires; (ii) Notices for existing employees; and (iii) New information required on paystubs.

  • New Notice and Acknowledgment Requirement For Newly Hired Employees
    October 22, 2009

    Effective October 26, 2009, the New York State Labor Law has been amended to include new notice and written acknowledgment requirements for employers. Employers are required to provide written notice to newly hired employees, upon hiring, of their regular rate of pay and the regular pay day. Employers are also now required to provide notice of the applicable overtime rate to all newly hired employees who are eligible for overtime pay.

  • Employers Beware: Claims Increasing From “Concerted Activity”
    April 1, 2008

    The day-to-day matters addressed by our labor and employment group often allow us to spot emerging trends before they become mainstream. One such issue involves claims brought byemployees who have been disciplined after engaging in “protected and concerted activities.”

  • The Hidden Dangers of Wage And Hour Claims For Staffing Companies
    September 1, 2007

    One of the hottest developing areas in Employment Law is also one of the most dangerous for employers and those involved in setting employees’ terms and conditions of employment. While Professional Employer Organizations (PEO’S) that administer the payrollpractices of employers are particularly vulnerable, traditional staffi ng companies are also at risk of being accused of being a joint employer responsible for failure to properly pay overtime and minimum wages to employees.

  • Employers Beware: New Law Restricts Use of Social Security Numbers
    June 1, 2007

    A new law that takes effect on January 1, 2008 is designed to combat the growing problem of identity theft by restricting the use of social security numbers (“SSNs”). Whether the “New York Social Security Protection Law” (“SSPL”) law accomplishes its goal remains to be seen, but our immediate concern is to ensure that our clients are mindful of their new obligations.

  • Does An Employee With a Complaint Have a “License to Misbehave”?
    September 1, 2006

    As attorneys who routinely defend and counsel employers in connection with claims of sexual harassment and employment discrimination, we have seen it time and time again—a poor performer, on “thin ice” already, goes to management and claims to have been sexually harassed or discriminated against by a supervisor.


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