Information and guidance on every phase of employment
Q. A client of my company asked whether it could offer production bonuses to our employees who deliver their work product prior to the deadline. Does the FLSA require my company to account for these third-party bonuses when calculating the regular rate of pay for overtime purposes?
A. The answer…
Q. Has the salary threshold increased for exempt status under the Fair Labor Standards Act?
A. On September 24 — more than five years after the Obama administration first proposed updating the overtime regulations of the Fair Labor Standards Act (FLSA) — the U.S. Department of Labor (DOL) released the…
Q: I am a New York employer. What are the key parts of the new amendments to the New York Human Rights law and when do they go into effect?
A. As we detailed in an earlier post, New York state recently passed a bill that makes numerous changes to the New York Human Rights Act (“NYHRL”). Governor Cuomo signed the bill on August 12, 2019, and most of the amendments go into effect on October 11, 2019.
Q. Does a consumer need to actually try to buy a product or service at a store to have standing to sue under the ADA for failure to maintain an accessible website?
A. Evolving case law regarding website accessibility under the Americans with Disabilities Act (ADA) and comparable state laws…
Q: What do New York employers need to know about the recent amendment to the state’s pay equity law?
A: In November 2015, New York became one of the first jurisdictions to pass a pay equity law that was more extensive than the federal equal pay laws. On July 10, 2019, Governor Cuomo signed an amendment to New York Labor Law Section 194, further expanding its scope.
Q: I am a New York employer. What should I know about the recent amendments to the New York Human Rights Law?
A: In June 2019, New York State approved a bill that makes numerous changes to the New York Human Rights Law (“NYHRL”), governing discrimination and harassment. Governor Cuomo has not yet signed the bill, but is expected to shortly.
As explained in more detail below, the legislation significantly increases the NYHRL’s coverage by expanding the definitions of “harassment” and “employer.” The legislation also prohibits non-disclosure clauses in any settlement agreement involving discrimination allegations. Finally, the legislation expands employers’ sexual harassment training obligations, and extends the statute of limitations for filing sexual harassment claims with the New York State Division on Human Rights to three years.
Q. An employee at one of my company’s facilities in New York recently complained to his supervisor that his coworkers made fun of his disability. Can an employee with a disability file a “hostile work environment” claim under the Americans With Disabilities Act?
A. On March 6, 2019, the Second Circuit Court of Appeals ruled for the first time that hostile work environment claims are available to plaintiffs under the Americans with Disabilities Act (ADA). With its decision in Fox v. Costco Wholesale Corporation, the Second Circuit joins the Fourth, Fifth, Eighth and Tenth Circuits, which likewise have found that hostile work environment claims are cognizable under the ADA.
Partner Timothy St. George was quoted in an SHRM article titled, “FCRA’s Seven-Year Reporting Window Begins with Charge, Not Dismissal.” The article discusses a recent 9th U.S. Circuit Court of Appeals ruling that the measuring period for a criminal charge runs from the date of entry rather than…
Q. What can I do to protect my company from lawsuits claiming that our website is not accessible to visually-impaired individuals?
A. Companies, universities and other organizations around the country continue to face an onslaught of lawsuits brought under the Americans with Disabilities Act (ADA) alleging that commercial websites cannot…
Q. What is the standard for determining whether a worker is an independent contractor for purposes of federal wage and hour laws and union organizing conduct?
A. Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the…
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