The U.S. Department of Labor (DOL) has issued a Final Rule on the standards for determining independent contractor status for purposes of minimum wage and overtime pay issues under the Fair Labor Standards Act (FLSA). Although the Final Rule is considered “new,” it is based on the standard that was applied prior to the 2021 enactment of the Trump Administration’s rule, which had relaxed the standard for classifying workers as independent contractors, but also provided greater certainty to employers. The Final Rule reinstates the so-called “economic realities” test, which is generally more likely to result in a finding that a worker is an “employee.” Read on for more information in this blog post.
On December 22, 2023, Governor Kathy Hochul vetoed a bill that would have imposed a ban on non-compete clauses throughout the state of New York for all employees, regardless of earnings level. Read on for more information on this decision in this blog post.
This week, the New York State Assembly passed a bill identical to a bill passed by the Senate earlier this month banning non-compete agreements in employment. The bills now await Governor Hochul’s signature. If she signs them, the law will take effect 30 days later. Read on for more information on the non-compete ban.
The New York State Senate recently passed a bill barring noncompete agreements in employment. If the Assembly adopts the bill within the next few weeks, it will be sent to Governor Hochul for signature. It’s likely that the bill won’t make it passed the Assembly, but if it does it will have enormous implications in New York and beyond. Take a look at the text of the bill: S3100A.
On April 6, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Final Rule to provide guidance regarding the City’s Automated Employment Decision Tool (“AEDT”) Law, which we covered in more detail here. The Final Rule generally clarifies employer obligations under the AEDT Law, which will be enforced beginning July 5, 2023. Click here for more information.
New York State’s Pay Transparency Law is set to take effect on September 17, 2023. The law was amended on March 3, 2023, well in advance of its effective date, to clarify, limit and expand various employer obligations. New York joins New York City, California, Rhode Island and Washington, D.C. in passing pay transparency legislation that requires covered employers to list compensation ranges for all job advertisements and postings. Read about these latest amendments here.
New York City’s Pay Transparency Law became effective on November 1, 2022. The Law amended the New York City Human Rights Law by prohibiting a covered employer from advertising a job, promotion or transfer opportunity without disclosing the job posting’s minimum and maximum salary range. If you have not already prepared for this new requirement, now is absolutely the time to get going. For New York State employers outside of New York City, there’s no time like the present to begin complying with the law’s requirements so that they can hit the ground running once New York State’s similar pay transparency is signed into law (which it will be) by Governor Hochul.
Read our recent Blog Post on Pay Transparency, which explains the City’s law’s requirements.
This past January, the NYC Council amended the New York City Human Rights Law requiring employers to post salary ranges for open job positions. We wrote about that law here and here. Other New York counties have passed similar legislation. Now, New York State is looking to do the same. If the amendment to the Labor Law is passed, all New York State employers with four or more employees will be required to post a range of compensation for job openings in advertisement. Senate Bill 9427A.
On March 22, 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) partially reopened the comment period to allow for additional public comment on specific topics covered by its proposed final standard to protect healthcare workers from workplace exposure to COVID-19. Read about it here.
Several updates related to COVID-19 vaccination mandates occurred this week at the federal and local levels. On December 17, the Sixth U.S. Circuit Court of Appeals lifted the stay on the federal government’s mandate that employees of covered employers receive a COVID-19 vaccination or undergo weekly testing. In addition, New York City’s vaccination mandate for private employers takes effect on December 27th. Click here to read on.