When Must Non-Exempt Employees Be Paid for Travel Away from Home?

Under the federal Fair Labor Standards Act, there are circumstances where employers must pay non-exempt employees for travel time. Travel that keeps an employee away from home overnight is compensable time when it cuts across the employee’s workday. The rationale is that the employee is simply substituting travel for other duties.  The time is not … Read more

NDA Carve-Out Language for New York Employers

Some non-disclosure obligation is usually presented to an employee upon hire or termination of employment.  Upon hire, the obligation usually takes the form of a stand-alone non-disclosure agreement (NDA) or it is part of a larger employment agreement or non-compete agreement meant to maintain the confidentiality of the employer’s commercially valuable information.  Upon termination of … Read more

New York State Requires Reasonable Accommodation for Victims of Domestic Violence

Come November 18, 2019, employers in New York State must grant employees who are victims of domestic violence with reasonable time off as an accommodation in order to: seek medical attention for injuries caused by domestic violence, including for a child who is the victim of domestic violence; obtain services from a domestic violence shelter, … Read more

As Election Day Approaches, Don’t Forget About New York’s New Voting Leave Law

This past spring, New York’s election laws were amended to provide for an additional hour of paid time off from work to vote. Previously, New York employers only had to provide employees with up to two hours of paid time off from work to vote and only if employees did not have sufficient time to … Read more

New York’s Expanded Pay Equity Law Goes into Effect on October 8

New York has long prohibited unequal pay for unequal work based on sex.  However, come October 8, 2019, New York employers will also be prohibited from paying employees who are a member of one or more protected classes (no longer limited to sex) at a lesser rate than employees outside the protected class or classes … Read more

Even More Myths About Hiring Independent Contractors

In two prior posts (Top Myths About Hiring Independent Contractors and More Myths About Hiring Independent Contractors), we identified six common misconceptions about the use of independent contractors, each of which continues to result in the misclassification of independent contractors by employers. Here, we identify two more common misconceptions about independent contractors that almost always lead to … Read more

Compensating Employees for Recreational Activities

A common way for employers to boost employee morale and promote team building is to host non-work related recreational activities, such as sports teams and bowling events. While most employers are mindful of the potential for workers’ compensation and negligence liabilities for injuries occurring during these events, the overwhelming majority of employers do not know … Read more

How to Craft a Non-Discriminatory Paternity Leave Policy

Historically, many employers provided paid maternity leave to mothers, while providing little to no leave to fathers. While employers may provide leave that is tied to childbirth to birth mothers only, nowadays, employers must provide post-childbirth leave for bonding and childcare purposes to both male and females on an equal basis. Failure to do so … Read more