New York Labor Law Amendment Prohibits Employers from Retaliating Against Employees for Lawful Absences

On November 21, 2022, Governor Kathy Hochul signed into law Assembly Bill A8092B, which prohibits employers from retaliating against employees who take lawful absences pursuant to federal, state or local law.  The law becomes effective February 19, 2023.  Under Section 215 of the New York Labor Law, employers are prohibited from taking adverse employment action … Read more

A Step-by-Step Guide to More Effective Workplace Investigations

Investigations in the workplace are inevitable.  Employers must know the basics of conducting effective investigations to help their companies deal with workplace crises in ways that avoid and minimize liability.  It is critical that employers are prepared to navigate these issues – all while remaining unbiased and objective.   Employers should have a clear internal … Read more

Form I-9 Remote Review Flexibility Extended Until July 31, 2023

The Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) has announced another extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification. The policy, which was originally announced on March 19, 2020, was previously set to expire on October 31, 2022. With this new extension, the … Read more

NLRB General Counsel Issues Memorandum Supporting Increased Scrutiny of Electronic Employee Monitoring

On October 31, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, released GC Memorandum 23-02, entitled Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights. In the memo, she indicated that she plans to “urge the Board to protect employees, to the greatest extent possibly, from intrusive and … Read more

Important Reminder: Employee Paid Time Off to Vote

With the midterm elections fast approaching on November 8, 2022, it is important for New York employers to remember their obligations to provide employees time off to vote.  Pursuant to Section 3-110 of the New York State Election Law, New York State employees are eligible for up to two hours of paid time off to vote if they do not have “sufficient time to … Read more

Wage and Hour Compliance

For employers, wage and hour laws can be complex and compliance with the scheme of federal and state laws regulating the payment of wages and overtime can be daunting.  But it is critical for employers to understand their responsibilities under the applicable wage and hour laws, as non-compliance with these laws can subject them to litigation which … Read more