The National Labor Relations Board (“NLRB” or “Board”) recently announced its final rule, effective April 16, 2020, which abandons key components of the 2014 “quickie” election procedures adopted during the Obama...
Jan 03, 2020
Labor Relations
Employer’s Right to Prohibit Employees’ Use of Work Email for Nonbusiness Purposes Re-established by NLRB Decision
Employees no longer have a right under the National Labor Relations Act (“NLRA”) to use employer-provided email during nonwork time for union organizing purposes. In Caesar’s Entertainment d/b/a Rio All-Suites Hotel...
Jan 03, 2020
Labor Relations
Confidential Workplace Investigations Are Now Presumptively Lawful Under the National Labor Relations Act
In Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (Dec. 16, 2019), the Board continued its reversal of Obama-era precedent by holding that work rules requiring employees to maintain confidentiality during...
Nov 15, 2019
General Employment Issues
New York Enacts New Laws Expanding Protections Against Wage Discrimination
Governor Andrew Cuomo recently signed two bills into law which provide increased protection against pay discrimination for New York employees. Expansion of New York’s Equal Pay Law The first law (S5248) increases employee...
Nov 15, 2019
General Employment Issues
Connecticut Employers Must Comply With Expanded Training and Notice Requirements Regarding the Prevention of Sexual Harassment
Connecticut employers must comply with new training and notice requirements under Connecticut’s Time’s Up Act. This new law, which expands employee protections against sexual harassment in the workplace, took effect on...
The U.S. Department of Labor (“DOL”) has finalized its new rules regarding overtime pay under the federal Fair Labor Standards Act (“FLSA”). These new rules will take effect on January 1, 2020. Under the DOL’s...
Nov 15, 2019
Wage & Hour Issues
Reminder: New York Minimum Wage and Minimum Exempt Salary Increases Effective December 31, 2019
Effective December 31, 2019, the minimum wage and minimum salary for exempt employees in New York State is increasing, except for the $15 per hour minimum wage rate for large New York City employers, which remains the same....
Oct 16, 2019
Employment Discrimination
New York and California Enact Laws Clarifying Protections Against Discrimination Based on Hair Style or Texture Associated with Race
The Governors of California and New York recently signed bills which clarify that state law prohibits discrimination based on hair style or texture associated with race. Both laws prohibit discrimination based on “traits...
Oct 16, 2019
Employment Discrimination
New York State Legislature Expands Protections Against Workplace Harassment and Discrimination Under New York Law
UPDATE: On August 12, 2019, Governor Andrew Cuomo signed this new bill into law. The alert below has been updated to reflect the dates that the various sections of the new law will take effect. The New York State Legislature...
Oct 07, 2019
General Employment Issues
New California Law Redefines Test for Classifying Individuals as Independent Contractors
On September 18, 2019, California Governor Gavin Newsom signed into law a bill that codifies a new test for classifying a worker as an independent contractor. This new law, California Labor Code Section 2750.3, takes effect...