The United States Equal Employment Opportunity (EEOC) recently developed and approved a Strategic Enforcement Plan for fiscal years 2013-2016. The purpose of this plan is to focus and coordinate the EEOC’s programs so as to have the greatest, most sustainable impact in reducing and deterring discriminatory practices in the workplace. In this Plan, the EEOC […]
The United States Supreme Court heard arguments on Monday, November 26, 2012 in a matter in which the Court will have to determine who a “supervisor” is in the context of workplace harassment. The definition is important because employers are automatically liable for damages in most cases in which a supervisor harasses a subordinate, but
New York State Labor Law §193 has been amended to greatly expand the deductions an employer can make from an employee’s wages. This amendment became effective on November 6, 2012. Until these amendments went into effect, New York employers were prohibited from deducting monies from an employee’s wages, with two narrow exceptions: Deductions authorized or
AMENDMENT TO NEW YORK STATE LABOR LAW §193 Read More »
Federal disaster unemployment assistance is now available to all New Yorkers have lost their job due to Superstorm Sandy and live or work in the Bronx, Kings, New York, Richmond, Queens, Nassau, Suffolk, Rockland and Westchester counties. This assistance will supplement New York’s existing unemployment insurance system and will expand eligibility to include
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The Acting General Counsel of the National Labor Relations Board (NLRB) issued a report last week discussing the outcome of investigations into fourteen (14) cases involving social media by the federal agency’s Division of Advise. In four cases of the fourteen, the NLRB found that workers were protected by Section 7 of the National Labor
Earlier this summer, the National Labor Relations Board (NLRB) proposed new rules regarding workplace unionization elections. Specifically, the new rules would: provide for electronic filing of election petitions and other documents; ensure that employees, employers and unions receive and exchange timely information all parties need to understand and participate in the representation case process; standardize
NATIONAL LABOR RELATIONS BOARD PROPOSED RULES WOULD STREAMLINE UNIONIZING Read More »
The National Labor Relations Board (NLRB) has issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act (NLRA) by posting a notice. This rule is scheduled to take effect on November 14, 2011. The notices explain the right to unionize under federal law,
The NYS-45 form (Quarterly Combined Withholdings, Wage Reporting and Unemployment Insurance Return) is a form which must be filed by New York State employers on a quarterly basis. Previously, employers were required to report to New York State the name, social security number and gross wages paid to each of its employees who
NEW REQUIREMENTS FOR NYS-45 Read More »
Pre-employment training is a generally not covered by the FLSA, and thus not compensable. Depending on the structure of such a program, its participants may not even considered “employees”, and thus may not be covered by the FLSA. That determination will depend on all the circumstances surrounding the individual’s “training.” The United States
WHEN IS PRE-EMPLOYMENT TRAINING COMPENSABLE? Read More »
Employers often ask me when it is necessary to pay employees for training time. The question has obvious effects on a company’s bottom line, as well as its relationship with its employees. In addition, if such training time is compensable, and if it brings the employee’s total work hours over forty (40) per week,
WHEN IS TRAINING TIME COMPENSABLE? Read More »