Under the current rule, employers may exempt certain employees from receiving overtime pay (time and a half for any hours worked above 40 per week) by classifying them as managers or exempt employees. However, only employees earning less than $35,568 annually can be exempt.
Read MoreThe Pay Transparency Law (PTL) covers both internal and external job postings. Many employers have wondered if the law will apply to postings seeking remote workers. The answer is yes.
Read MoreIn 2018, New York State amended its Labor Law, requiring employers to adopt written sexual harassment prevention policies that meet or exceed a model policy outlined by the State. The update also required legislators to review their policies every four years and make any necessary updates.
Read MoreAttorney Kevin Burke, a member of Gross Shuman's Employment Law Practice Group, was recently interviewed on Channel 4 to discuss the case of two Starpoint High School student athletes removed from school in the wake of allegations of misconduct on the wrestling team.
Read MoreAttorney Kevin Burke, a shareholder attorney in our Employment Law Practice Group, sat down for an interview with Business First reporter Katie Anderson this week to disucuss a recent Supreme Court ruiling that could have a far-reaching impact on employers.
Read MoreLast month, the United States Supreme Court issued a ruling in the matter of Helix Energy Solutions Group, Inc., Et al. v. Hewitt, a case that challenged the rules governing overtime pay and the classification of exempt employees under the Fair Labor Standards Act (FLSA).
Read MoreThe Federal Trade Commission (FTC) proposed a rules change to outlaw the use of non-compete agreements between employers and employees. The proposed rule defines a “non-compete clause” as “a contractual term between an employer and a worker that prevents the worker from seeking or accepting employment with a person, or operating a business, after the conclusion of the worker’s employment with the employer.”
Read MoreNew York Governor Kathy Hochul signed legislation this month establishing a pay transparency law (“PTL”) in New York State. The PTL, first passed by the New York legislature six months ago and signed by Governor Hochul on December 21, 2022, requires employers to disclose certain information regarding employment opportunities offered by employers.
Read MoreBeginning January 1, 2023, New York will expand its coverage under the Paid Family Leave law.
Under the current law, qualified employees working in the private sector are eligible to take up to 12 weeks of paid leave to care for family members, defined to include spouses, domestic partners, children (including step-children), parents, grandparents, grandchildren, and in-laws.
Read MoreEducated employers know the importance of updating and enforcing their diversity, equity, and inclusion (DEI) initiatives. However, a well-written policy is only as good as it is enforced. If a company knows, or should have known, that one or more of its employees is unlawfully harassing or discriminating against fellow employees, clients, customers, or other partners in business, that company needs to take action.
Read MoreOne of the core philosophies of our law firm is that we are here and ready to vigorously fight for our clients when trouble arises, but we work equally hard to help them avoid trouble before it starts.
Many issues, especially in the area of employment law, arise simply because the rules are complex and ever-changing, and employers may inadvertently run afoul of any number of regulations. T
Read MoreAs we enter our third April under the cloud of the COVID-19 pandemic, there is a light at the end of the tunnel. Mask mandates have been lifted in schools and public buildings, and it is expected that the mask mandate for public transit will soon end. And, for Americans traveling to Canada, the biggest change comes today as the Canadian government has removed its pre-travel testing requirements for fully vaccinated travelers entering Canada.
Read MoreOn January 13, 2022 the United States Supreme Court ruled on two watershed cases related to the mandatory vaccination of workers in America against the COVID-19 virus. Already the questions have been coming in from employers wondering, ‘what impact does this have on my business operations?’
Read MoreLast week, the Equal Employment Opportunity Commission (“EEOC”) revised its guidelines on religious exemptions to employer vaccine mandates.
The Guidelines apply to employers’ obligations under Title VII of the Civil Rights Act of 1964.
Read MoreThough swift, and arguably stunning, Mr. Gruden’s fall is all too common in the world of corporate email. Experienced labor and employment lawyers frequently encounter scenarios involving company stars whom let down their guard in email or text message communication. For whatever reason, people tend to say things via text message and email as though they are having a private conversation.
Read MoreIf there is something positive to come out of this report, and the dark shadow it cast upon Albany, it is that employers can take this opportunity to revisit their own policies and procedures when it comes to workplace harassment.
Read MoreGross Shuman P.C. Labor and Employment Attorney B. Kevin Burke Jr. was interviewed this week for an article in Buffalo Business First exploring the impact a potential mask mandate could have on employers.
Read MoreAn early court decision on the issue of employer-mandated COVID-19 vaccinations confirmed the right of employers to require such inoculation or face termination of employment.
Read MoreWith more than six million doses of the COVID-19 vaccine already administered in New York, employers and employees both face an important question: can a company mandate its employees get vaccinated?
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