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

Notice and Policy Requirements for New York Employers without Employee Handbooks

For one reason or another, there are a number of employers that don’t have an employee handbook. Usually it is because they are too new a business with too few employees to justify having one, or they consider handbooks oppressive documents that employees never read anyway. It’s not the subject of this post, so I … Read more

The Who, What, When and How of Sexual Harassment Training in New York and NYC

Much has been written about the sexual harassment training now required for New York and NYC employers as a result of the #MeToo movement. The requirements, however, differ slightly for each jurisdiction.  Here is a cheat sheet to the Who, What, When and How of the requirements under both laws. Who? All employees must be … Read more

Federal WARN Act Allows Three Exceptions (But Notice Must Still Be Given)

The federal Worker Adjustment and Retraining Notification (WARN) Act offers protection to workers and their families by requiring employers to provide 60 days’ notice to the employees and certain specified government agencies and officials in advance of covered mass layoffs and plant/office closings. An employer who violates the WARN notice requirements is liable to each … Read more

NYC Places Additional Obligations on Employers to Accommodate Nursing Mothers

In a prior post, we discussed how to draft a lactation break policy to accommodate nursing mothers and comply with federal and New York state law. Come March 18, NYC will place two additional obligations on NYC employers. The new obligations build upon existing New York state law, which currently requires covered employers to provide … Read more

2019: A Quick Look at the Year Ahead for NYC Employers

As 2018 wraps up, it’s time to take a quick look at some of the changes New York City employers should expect in the year ahead. Minimum Wage Increases On December 31, 2018, New York’s minimum wage will increase as follows: NYC – Large Employers (of 11 or more) – $15.00/hour NYC – Small Employers … Read more

Inclement Weather Considerations for New York Employers

Snow will soon be here and employers will have to make decisions about whether to close, keep regular hours, allow some or all employees to work from home, or have a delayed opening. The considerations from a labor and employment law perspective, as always, are many. We discuss some of them below. Safety The most important factor … Read more