Are you really an independent contractor? There is often a lot of confusion surrounding whether someone is an independent contractor or an employee. The correct classification is determined by each given specific situation, but there are a number of factors that can be used to help guide the determination. The analysis hinges on the level…
The DREAM Act is Finally Passed in New York On January 23, 2019, both the New York Assembly and Senate passed the DREAM Act (the “Act”), which provides financial aid and scholarship opportunities as well as in-State tuition rates for undocumented students in New York State. Similar bills have been proposed in the State legislature…
Paid Family Leave In 2019, eligible employees in New York State will receive up to 10 weeks of Paid Family Leave and up to 55% of their average weekly wage (capped at 55% of the State’s average weekly wage) during their paid leave. The maximum benefit of 12 weeks off and 67% of average weekly…
SEXUAL HARASSMENT POLICY AND TRAINING REQUIRED BY NEW YORK STATE Pursuant to a new State statute that takes effect October 9, 2018, all employers are required to immediately establish a sexual harassment policy and provide the policy in writing to all employees in their primary language, and continue to provide employees such policy on a…
A Change to the Law Regarding Prevailing Wages for Public Work A Change to the Law Regarding Prevailing Wages for Public Work If you have been following the buzz regarding the proposed changes to existing New York State Labor Law, then you’re probably interested to know what exactly those changes are. First, a procedural note…
Let Them Eat Cake: Supreme Court Fails to Decide Underlying Civil Rights Issues in Masterpiece Let Them Eat Cake: Supreme Court Fails to Decide Underlying Civil Rights Issues in Masterpiece* On June 4, 2018, the Supreme Court of the United States (“SCOTUS”) rendered a highly-anticipated decision in the now infamous case Masterpiece Cakeshop, Ltd., v….
DACA Program May Resume in 90 Days A federal court in Washington D.C. ruled yesterday (4/24/18) that the Department of Homeland Security (“DHS”) has ninety (90) days to justify its rescission of the Deferred Action for Childhood Arrivals (“DACA”) program or the recession will be vacated in full. The case can be found here:…
The #MeToo movement has successfully shone a spotlight on sexual harassment in the workplace. Condemnation in the court of public opinion has led to high-profile firings of prominent figures in politics, sports, entertainment, and other industries. While this will undoubtedly yield positive results for the country as a whole, far too many individuals still suffer…
Preventing Sexual Harassment in the Workplace A heightened sensitivity to sexual harassment in the workplace is forcing employers to ask themselves what else they can do to prevent sexual harassment over and above having a policy in their employee handbooks. Studies have shown that more interactive and frequent workshops aimed at preventing and educating employees…
Proposed New Labor Rules Regarding Employee Scheduling
Proposed New Labor Rules Regarding Employee Scheduling New regulations are currently being considered by the New York State Department of Labor that impact employees and employers alike. The proposed regulations will require, among other things, that an employee whose shift is cancelled within 72 hours of the scheduled start time be paid for at least…