Amendment to the New York HERO Act Requires Employers to Recognize Joint Labor-Management Workplace Safety Committees

March 7, 2023 by Jason S. Greenfield

On December 28, 2022, New York Governor Kathy Hochul signed legislation amending the New York Health and Essential Rights Act (HERO Act). The HERO Act was signed into law on May 5, 2021 in response to the COVID-19 pandemic, and was designed to protect private sector employees against exposure and disease during a future airborne infectious disease outbreak. More ›

SCOTUS Decision Shows that Highly-Compensated Employees Can Still Be Eligible for Overtime Pay

March 1, 2023 by Daniel Eric Gonzalez

A recently decided case by the U.S. Supreme Court shows that even highly-compensated employees can be mislabeled as overtime-exempt under the Fair Labor Standards Act (FLSA). On February 22, 2023, the Supreme Court addressed this very matter in its decision in Helix Energy Solutions Group, Inc. v. Hewitt. More ›

NLRB Decision that Broadly-Worded Confidentiality Provisions in Separation Agreements are Unlawful Raises Important Questions

February 24, 2023 by Tom H. Luetkemeyer

The National Labor Relations Board (NLRB) recently issued a controversial decision concerning the use of non-disparagement and confidentiality provisions by employers in separation agreements. In McLaren Macomb and Local 40, RN Staff Council Office and Professional Employees International Union, AFL-CIO (Case 07-CA-263041), the NLRB found that including broadly-worded non-disparagement and confidentiality provisions in a separation agreement was unlawful, notwithstanding the lack of an intent to chill or limit the exercise of Section 7 rights of employees under the National Labor Relations Act (the Act). More ›

New York State Employers Must Provide Digital Copies Of Workplace Posters

January 26, 2023 by Jason S. Greenfield

On December 16, 2022, Governor Kathy Hochul signed into law an amendment to Section 201 of the New York Labor Law. Previously, Section 201 had required that employers post certain rules and orders furnished by the Commissioner of Labor of the State of New York in conspicuous places on each floor of the employer’s premises. More ›

The 12 Days of California Labor & Employment – Day 12 "Employers Beware - Minimum Wage Updates for January 1, 2023"

December 23, 2022 by Hinshaw & Culbertson LLP

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this twelfth day of the holidays, my labor and employment attorney gave to me: twelve drummers drumming and an update on minimum wage laws for 2023 and SB 1477. More ›

The 12 Days of California Labor & Employment – Day 11 "Additional Pay Data Disclosure Requirements"

December 22, 2022 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this eleventh day of the holidays, my labor and employment attorney gave to me: eleven pipers piping and SB 1162. More ›

The 12 Days of California Labor & Employment – Day 10 "Additional WARN Act Requirements"

December 21, 2022 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this tenth day of the holidays, my labor and employment attorney gave to me: ten lords a-leaping and AB 1601. More ›

The 12 Days of California Labor & Employment – Day 9 "Public Sector Health Care Workers and Required Meal and Rest Periods"

December 20, 2022 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this ninth day of the holidays, my labor and employment attorney gave to me: nine ladies dancing and SB 1334. More ›

New York Adopts New Workplace Nursing Mothers’ Law

December 19, 2022 by Jason S. Greenfield

On December 9, 2022, Governor Kathy Hochul signed into law a new workplace lactation bill, set to go into effect on June 7, 2023. The law, which amends Section 206-c of the New York Labor Law, requires that an employer provide reasonable unpaid break time, or allow for the use of paid break or meal time, each time an employee has a reasonable need to express breast milk, for up to three years following childbirth. The law further states that upon employee request, an employer is obligated to provide a location for expressing breast milk. The designated location must contain a chair, a working surface, and an electrical outlet. Additionally, the location must be in close proximity to the employee's work area, near clean running water, with lighting, shielded from view, and free from intrusion by other people. The designated location cannot be in a restroom or toilet stall. Furthermore, if the workplace has access to refrigeration, the employer must allow for the storage of expressed milk. More ›

The 12 Days of California Labor & Employment – Day 8 "Supplemental Paid Sick Leave for COVID Expiring"

December 19, 2022 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this eighth day of the holidays, my labor and employment attorney gave to me: eight maids a milking and AB 152. More ›

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