Last month, New York State passed its budget for fiscal year 2025. The budget expanded New York State’s Paid Sick and Safe Leave Law to require that employers provide 20 hours of paid leave to employees for prenatal medical care, and amended the New York Labor Law to require that employers provide paid break time for employees to express breast milk following childbirth.
Read MoreAs we reported in an alert last week, on April 23, 2024, the United States Federal Trade Commission (“FTC”) voted in favor of a Final Rule banning nearly all non-compete agreements, with limited exceptions related to the sale of a business and certain pre-existing agreements with senior executives. The Final Rule provides that it is an unfair method of competition, and therefore a violation of the Federal Trade Commission Act (the “Act”) to enter into, attempt to enter into, enforce, or attempt to enforce non-compete clauses with a worker or represent that the worker is subject to a non-compete clause. “Worker” is defined broadly under the Final Rule to include current or former employees, independent contractors, externs, interns, volunteers, apprentices, or sole proprietors who provide a service to a person.
Read MoreThe FTC has just issued its final rule broadly banning non-competes with limited exceptions.
Read MoreOn April 17, 2024, the Supreme Court of the United States issued its opinion in Muldrow v. City of St. Louis, holding that an employee need not show that their transfer to a different role caused a “significant” employment disadvantage to sustain a claim under Title VII.
Read MoreYesterday, the New York City Council passed a bill which would make any provision in an employment agreement which shortens the statute of limitations for filing a complaint or claim with the New York City Commission on Human Rights or bringing a civil action under the New York City Human Rights Law unenforceable and void as against public policy.
Read MoreThe United States Department of Labor (“DOL”) issued a Final Rule regarding the classification of workers as employees or independent contractors under the Fair Labor Standards Act (“FLSA” or the “Act”). The Final Rule went into effect on March 11, 2024. As employers are aware, the Act’s minimum wage and overtime protections only apply to employees, not independent contractors. The Final Rule rescinds the DOL’s 2021 Independent Contractor Rule and its use of two “core factors” to determine whether a worker is an employee or an independent contractor and reflects a return to the pre-2021 “totality-of-the-circumstances” analysis to determine if a worker is economically dependent on the employer.
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