As of November 13, 2023, all employers in New York are required to inform each employee of their right to file an application for unemployment benefits at the time of a separation from employment, reduction in hours, or any other interruption of continued employment that results in total or partial unemployment. Employers can comply with this obligation by providing employees
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New York Department of Labor Issues FAQs and Fact Sheet for its Pay Transparency Law
As we discussed in a previous blog post, New York implemented a Pay Transparency law, which went into effect on September 17, 2023. New York’s Pay Transparency law requires employers to, among other things, include the compensation, or compensation range, in any job ad. Employers must also generally include a job description in the ad. The New York Department…
New York City Employers Must Update Their Safe and Sick Time Policies to Comply with the City’s Amended Regulations
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New York City has amended its regulations for the City’s Earned Safe and Sick Time Act (ESSTA). The amended regulations cover numerous aspects of the ESSTA and became effective on October 15, 2023. Some of the more significant changes that might impact employer policies and practices are noted below.Employer Size and CoverageUnder the ESSTA employers with under 100 employees…
New York Employee Assignment of Rights Agreements – What Employers Need to Know
On September 15, 2023, Governor Kathy Hochul signed into law an amendment to New York’s Labor Law, which makes employee invention assignment of rights agreements unenforceable for inventions developed by an employee on the employee’s own time and without the use of employer resources or trade secret information. This new law become effective immediately and is codified at New York…
WAGE THEFT IS NOW A LARCENY CRIMINAL OFFENSE IN NEW YORK!
New York amended its criminal laws, effective September 6, 2023, to include wage theft as one of the types of activities included in the definition of the crime of larceny. In New York, larceny can carry a prison sentence from one to 25 years, depending on seriousness of the offense.Under the amended law, a person commits larceny by wage theft…
New Jersey's New Credit Card Surcharge Law: What Businesses Need to Know
On August 18, 2023, Governor Phil Murphy signed a new law that limits the amount of credit card surcharges that businesses in New Jersey can charge. The new law amends New Jersey’s Consumer Fraud Act, so a violation of the credit card surcharge law constitutes consumer fraud and exposes businesses to treble damages (i.e. 3 times actual damages), plus attorneys’…
New Jersey Department of Labor Creates the “WALL” to List Businesses that Have Violated State Wage and Tax Law
On August 8, 2023, the New Jersey Department of Labor (NJDOL) launched the Workplace Accountability in Labor List, known as the “WALL.” Starting in September 2023, the NJDOL will post a list of businesses on the WALL that have outstanding liabilities for state wage, benefit, or tax laws enforced by the NJDOL. The WALL will be updated monthly.Liabilities that…
Five Ways to Minimize the Potential Legal Liability of Terminating an Employee
Time to Say Goodbye
In our last blog post, we discussed things an employer should (and should not) do when hiring an employee. Unfortunately, every business owner who hires employees will likely have to terminate at least one at some point. Terminating an employee is a sensitive process that requires careful consideration of fairness, legality, and the workplace environment.…
5 Dos and Don'ts for Hiring an Employee
As a business owner, hiring the right employees is one of the most important things will you do to grow your business. A well-executed hiring process can lead to a successful and productive team, while hasty decisions can result in costly mistakes. Below are five hiring dos and don’ts that will help you navigate the hiring process.Dos:1. Clearly Define the…
NY Amends its WARN Act Regulations, Adding Further Compliance Complexity for Struggling Businesses
On June 21, 2023, the New York Department of Labor (NYDOL) issued amendments to the New York State Worker Adjustment and Retraining Notification (NY WARN) Act regulations, which took effect on that date. NY WARNS requires employers with 50 or more full-time employees in New York State to provide 90 days’ notice of plant closings and mass layoffs. Under NY…