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Employment Law News And Analysis

New Sexual Harassment Laws in New York State and New York City

New York State and New York City have new laws to battle sexual harassment in the workplace. If you are an employer doing business in New York State or in New York City, you need to be aware of your obligations under both state and city law and comply with their requirements to avoid fines and other potential liability. If you are an employee, you should be aware that your right to be free from sexual harassment in the workplace has been expanded.

Exempt Versus Non-Exempt Employees

Whether you are an employer or an employee in New York, it is important to understand the distinction between exempt and non-exempt employees. For employers, treating non-exempt employees as exempt could end up costing thousands of dollars in back pay, liquidated damages, and legal fees. For employees, the distinction between the two impacts your rights under federal and state minimum wage and overtime laws. Non-exempt employees generally must be paid at least the minimum wage for each hour of work and one-and-one-half times their regular rate of pay for each hour in excess of 40 per week. However, as explained below, some employees are exempt from the minimum wage requirement, overtime wage requirement, or both.

Resolving Conflicts Through Mediation: What You Need to Know

If you are involved in an employment dispute in New York, you may have heard about the benefits of mediation. In appropriate cases, mediation can allow parties to resolve disputes and avoid risky, costly, and time-consuming litigation.

Freelance Isn't Free in New York City

On May 15, 2017, the New York City Freelance Isn't Free Act (Local Law 140 of 2016) took effect. This first-of-its kind act is designed to protect freelance workers and establishes penalties for employers who violate the law. If you are a freelance worker in New York City, or if you are an individual or a business who employs freelance workers, what should you know about the recently-enacted law?

Employees Versus Independent Contractors Explained

It is extremely important for workers to understand the distinction between employees and independent contractors, especially in new industries, like ride-sharing, digital ordering and delivery, and tech startups. This distinction can make a big difference in a company's obligations with regard to wages, benefits, taxes, unemployment insurance, workers' compensation, disability benefits, and other matters.

Minimum Wage, New York and Federal Distinctions, Annual Increases in New York

Whether you are an employer or employee in New York State, it is important to understand how state and federal law define minimum wage, how that wage is determined, and how it will change over the next few years. The New York State Department of Labor and the U.S. Department of Labor provide key information about both state and federal minimum wage laws and rates.

Addressing Sexual Harassment in the Workplace

As sexual harassment at work has become a conspicuous subject in the news, employers and employees in workplaces across the country are seeking guidance with regard to sexual harassment complaints. This is a serious concern for everyone involved. It is important for employers to understand how to reduce their risk of a sexual harassment lawsuit, as well as for employees to understand their rights with regard to sex discrimination laws.

New York State Paid Family Leave

Starting January 1, 2018, most private employers in the state of New York will be required to have Paid Family Leave coverage for employees. This coverage will be funded through payroll contributions from the employee, and it will permit eligible employees to take paid time away from their jobs in specific circumstances to care for children or certain close family members. The Family Medical Leave Act (FMLA) differs in some respects from Paid Family Leave in that FMLA does not provide any paid benefit, but does provide an unpaid leave of absence to covered employees for their own serious health condition, as well as for all the family leave categories covered by the Paid Family Leave Law. A fact sheet from New York State provides clear information about Paid Family Leave coverage and how it will impact employers and employees alike. We have addressed some key concerns you may have about Paid Family Leave coverage below.

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