New York Labor & Employment Law Blog

Latest from New York Labor & Employment Law Blog

The New York labor law requires every employer, no matter its size (including a family business), to adopt a sexual harassment prevention policy that meets or exceeds the minimum standards set by New York State. Every such policy must include examples of prohibited conduct, a complaint form, procedures for investigation of any complaint, information on

President Biden signed into law the “Providing Urgent Maternal Protections for Nursing Mothers Act” (“PUMP Act”) on December 29, 2022.   The PUMP Act expands employer obligations under the Fair Labor Standards Act (FLSA) and addresses the needs of nursing women in the work force.  It provides that for up to one year, an employer must

The Gender Expression Non-Discrimination Act (“GENDA”) was signed into law by Governor Cuomo in January 2019.  The law added gender expression and gender identity to the State’s Human Rights Law as a protected class and prohibits unlawful discrimination in employment, housing, and public accommodations based on a person’s gender identity or expression.

GENDA defines gender

“This bill seeks to protect workers from corporations and their agents that fail to comply with safety protocols by amending the penal code to create new offenses and substantially increasing the fines that can be imposed upon a corporate defendant convicted of certain crimes.”[1] The bill has not yet been signed by Governor Hochul.

On September 25, the U.S. Department of Labor (DOL) proposed regulations which, if adopted, would establish factors for determining whether an individual is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The FLSA requires employers maintain certain records regarding employees and provide a federal minimum wage and overtime to nonexempt employees.

As businesses and offices reopen during the continuing COVID-19 pandemic, employers must ensure they do not violate employment discrimination laws and regulations as they develop plans and procedures to abide by social distancing and safety guidelines required by federal, state and local law.

Recent technical assistance questions and answers from the U.S. Equal Employment Opportunity