Social Distancing in an Office Setting

Employers looking to reopen their workplace after pandemic-related workplace restrictions have been lifted will need to consider and plan for issues like more stringent cleaning protocols, use of face coverings and masks in the workplace, and conducting temperature checks and health screening of employees and visitors.  This post focuses on the need for employers to … Read more

Recordkeeping Guidance for Employers Seeking FFCRA Tax Credits

The Families First Coronavirus Response Act (the “FFCRA”), which was effective April 1, 2020 and ends December 31, 2020, provides small and midsize employers (under 500 employees) with refundable tax credits that reimburse them, dollar-for-dollar, for the cost of providing paid sick and family leave wages to their employees for qualifying leave related to COVID-19. … Read more

Mandatory Posting: Families First Coronavirus Response Act (FFCRA) Notice Now Available

The U.S. Department of Labor has released the model Families First Coronavirus Response Act (FFCRA) notice (available here).  Private employers with fewer than 500 employees must post the notice and are recommended to do so in advance of the April 1, 2020 effective date of the FFCRA. Each covered employer must post the notice in … Read more

COVID-19: New Jersey Paid Benefits for Employees

The New Jersey Department of Labor has published a table outlining various COVID-19 scenarios that employees may find themselves in at this precarious time, together with an indication of which paid benefits employees may qualify for if they are not being paid by their employer or otherwise the recipient of more generous employer policies.  The … Read more

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

In New York, Startup Founders Cannot Work for Free

Many early-stage startups do not have the cash flow to cover the high salaries formerly earned by their founders and key executives.  As a result, startups often compensate these individuals with equity in lieu of a higher salary.  Startups should not automatically assume this is permissible under the wage-and-hour laws. The federal Fair Labor Standards … 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