By Robert S. Whitman and Victoria Vitarelli

Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts.

For nearly five years, New York employers have been bedeviled by class action claims for violation of the New York Labor Law’s weekly-pay requirement

Continue Reading New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

By Nicolas A. Lussier and Nicholas H. De Baun

Seyfarth Synopsis: Effective November 26, 2023, a significant amendment to New York City’s Human Rights Law (NYCHRL) prohibits discrimination based on height and weight. This development aligns the city with a growing trend of jurisdictions, including Michigan and cities of Binghamton, New York; Madison, Wisconsin; and San Francisco, California, focusedon combating

Continue Reading Understanding New York City’s Height and Weight Discrimination Law: Essential Insights for Employers

By Marcus MintzJeremy Cohen, and James Yu 

On November 30, 2023, Governor Kathy Hochul answered the long-awaited question of whether New York would join California, North Dakota, Oklahoma and, most recently Minnesota, as a state banning the use of non-compete agreements between employers and employees. While New York legislators passed a bill to do just that

Continue Reading New York Governor Hochul Rejects Wholesale Ban on Non-Compete Agreements

By Robert S. Whitman, Daniel I. Small, and Paxton Moore  

Seyfarth Synopsis: We recently reported here that New York adopted an increased salary threshold of $1,300 per week for determining whether an employee serves in an “executive,” “administrative,” or “professional” capacity for purposes of certain provisions of Article 6 of the New York Labor Law (“NYLL”). That

Continue Reading New York Likely To Increase Minimum Wage And Overtime Thresholds

By Grayson Moronta, Rob Whitman, and Daniel Small

Seyfarth Synopsis: Governor Kathy Hochul has signed a bill amending Section 590 of the New York Labor Law to require employers to provide employees, upon separation, with notice of their right to file for unemployment benefits with the New York Department of Labor (NYDOL). These changes will take effect on November

Continue Reading Revisions to New York Unemployment Notice To Take Effect

By Adam R. YoungA. Scott HeckerDaniel I. SmallBenjamin D. Briggs, and Craig B. Simonsen

Seyfarth Synopsis: The COVID-19 pandemic and wildfire smoke shrouding the skies over the East Coast this summer have drawn more attention to indoor air quality, leading the New York City Council to propose indoor air quality resolutions. 

Indoor air

Continue Reading NYC to Consider Indoor Air Quality Regulations

By Ashley N. Ehman, Nicolas A. Lussier, Grayson Moronta, and Kimberly Altschul Straker

Please join us on Wednesday, Apr 18, 2023, for this webinar on Specific Employment Law Updates and Trends in New York and New Jersey. There will be discussion on the following recent trends and updates:

1.         Audit trends with respect to the New York

Continue Reading HR FORUM: Specific Employment Law Updates and Trends in New York and New Jersey

By Daniel I.Small and Robert S.Whitman

Seyfarth Synopsis: This week, Governor Hochul announced that she will lift the mask-or-vaccinate mandate for nearly all public places of business on February 10, 2022.  The New York Department of Labor has now revised its model safety plan under the HERO Act to eliminate the mask requirement in most settings.  Other HERO Act
Continue Reading UPDATED: New York Lifts Mask-or-Vax Mandate and HERO Act Masking Requirement

By Adam R. YoungRobert T. Szyba, Robert S. Whitman, and  Craig B. Simonsen

Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA).

New York State has legalized medical and recreational marijuana, and
Continue Reading New York Department of Labor Attempts to Prohibit Drug Testing for Cannabis, Employment Actions Against Some Employees Who are Impaired at Work

By Daniel I. Small and Robert S. Whitman

Seyfarth Synopsis: With little fanfare and no public reporting, the New York Commissioner of Health extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their safety plans activated through October 31, 2021. 

As previously reported (herehere, and here), New York State’s health
Continue Reading NY HERO Act Update: Safety Plans Must Remain in Place