Classification Law Moving East

With its recently enacted legislation, AB-5, which significantly alters the ground rules for the classification of employees, California has advanced the political “acceptability” of the “ABC” test first implemented in Massachusetts. Now, it would appear that New York State may be the next state to fall in line on “ABC” classifications. A new labor-backed coalition…

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New York Annual Sexual Harassment Training

In that same vein, we also wanted to remind readers that the first anniversary of the state of New York requirement for annual sexual harassment training is coming up on October 9, 2019. By that date, all employees in the state are required to have gone through their annual training session on sexual harassment. You…

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New York PFL 2020 Contribution Rate Still Not Set

The 2020 contribution rate for the New York Paid Family Leave (NYPFL) program was scheduled to be set by September 1 (Sunday), but had yet to be announced at press time. The contribution rate, which was 0.153% of an employee’s wages for 2019, is the percentage of an employee’s wages that must be paid into…

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New York Proposing Cap on Delivery Costs –

The New York State Liquor Authority (NYSLA) is entertaining a new regulation that would prohibit restaurant establishments with liquor licenses from paying more than 10% for third-party deliveries. Note that under the pending regulation, the third-party service would not be restricted from charging whatever fee they believed the market would bear, rather the prohibition is…

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New York Boosts Harassment Protections

New York Governor Andrew Cuomo on Monday signed into law legislation that expands protections against sexual harassment by eliminating the longtime legal standard of “severe and pervasive”. Historically, under the old legal standard, discriminatory or retaliatory harassment had the burden of proving that the alleged harassment was “severe and pervasive”, whereas now, harassment need only…

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Cuomo Signs Equal Pay Laws

Although his final decision should not have been in doubt, New York Governor Andrew Cuomo used the occasion of the USA Women’s World Cup Champions ticker tape parade to sign legislation mandating equal pay for substantially similar work and prohibiting pay differences based on an individual’s age, race, sexual orientation, gender identity and expression, domestic…

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Food Trucks Rolling Into Play?

Three different communities in three different states this past week began entertaining legislation that will ease further entry of food trucks into the marketplace. The Chicago suburb of Barrington, Illinois is considering legislation to allow food trucks to operate in certain areas where businesses may have requests them or on private parking lots with the…

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Paid Sick Leave, And Then Some in New York

The state of New York has long mandated that private employers provide paid sick leave for its workers, but now they’re taking leave mandates to a whole new level. In the FY 2020 state budget passed just about a month ago, legislators saddled private businesses with more mandates as they approved a $175 billion spending…

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Battle of the Bans

As some cities and towns around the country adopt more restrictions on business – banning plastic this or Styrofoam that, some states (Maine notwithstanding) look to put a stop to the growing patchwork of laws within their borders by preempting local regulations. A couple of recent cases in point – a week or so ago,…

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Overtime Minimums Higher Than DOL’s

We thought it might be a good time to reiterate that the proposed Department of Labor overtime exemption threshold, which was increased to $35,308 just over one month ago, is not the operable threshold in New York – and some other states (California in particular) as well. Employers in New York are subject to the…

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