NYC Employers: Effective March 20, 2024, employees who believe their rights have been violated under New York City’s sick time law (the “Earned Safe and Sick Time Act” (“ESSTA”)) will be able to file a lawsuit directly in court to seek redress. Previously, the only option available to such individuals was to file an administrative
January 2024
D.C. Adopts Wage Transparency and Salary History Restrictions
By Davis+Gilbert PERKS on
D.C. employers! D.C. will soon be joining the growing list of jurisdictions with pay transparency and salary history inquiry laws. On January 12, 2024, the D.C. Mayor signed the Wage Transparency Omnibus Amendment Act of 2023.
Under this new law, D.C. employers will:
- have to include in all job listings and advertisements the minimum and
…
New York Weighs Legislative Fix to Manual Worker Pay‑Frequency Claims
By Davis+Gilbert PERKS on
New York employers: There may be some good news on the horizon in defending against pay frequency claims.
As a reminder, New York Labor Law Section 191 requires employers to comply with certain pay frequency requirements, including but not limited to paying manual workers on a weekly basis.
In 2019, the Appellate Division First Department’s…
San Francisco Employers Face Key HCSO Compliance Deadlines
By Davis+Gilbert PERKS on
Important Deadlines for San Francisco Employers:
Employers with employees in the Bay Area should be aware that certain deadlines pertaining to the SF Health Care Security Ordinance (HCSO) are fast approaching.
The HCSO is generally applicable to employers with 20+ employees, including employees working outside of San Francisco.
Deadline #1: January 30, 2024
Employers with…
X Corp Severance Litigation Highlights ERISA Plan Risks
By Davis+Gilbert PERKS on
As a class action lawsuit alleging ERISA violations with respect to Twitter successor X Corp’s severance plan continues into 2024, now is a good time for employers to review their severance practices and policies with ERISA counsel to determine whether those plans are subject to ERISA and, if so, whether any action is necessary or…
2024 Brings Higher Minimum Wages and Exemption Thresholds Nationwide
By Davis+Gilbert PERKS on
Now that we are settling into the new year, we remind employers that 22 states have increased their minimum wage for 2024: AL, AZ, CA, CO, CT, DE, HI, IL, ME, MD, MI, MN, MO, MT, NE, NJ, NY, OH, RI, SD, VT, WA.
Additionally, if you have employees in New York, California, or Washington,…
New York Statewide ‘Freelance Isn’t Free Act’ Takes Effect
By Davis+Gilbert PERKS on
New York State employers: Since we have been talking about independent contractors this week on PERKS, a reminder that late last year, Governor Hochul signed into law New York State’s version of the “Freelance Isn’t Free Act,” largely mirroring New York City’s 2017 law of the same name.
The text of the law can be…
DOL Issues Final Rule Redefining Independent Contractor Standard
By Davis+Gilbert PERKS on
Breaking news! The US Department of Labor today released details of its long-awaited final rule addressing when employers can classify workers as independent contractors under federal labor law.
The rule takes effect March 11, 2024 and rescinds the 2021 independent contractor rule that the department found to be inconsistent with the law and judicial precedent. …
Colorado Issues Guidance on Pay Transparency Law Compliance
By Davis+Gilbert PERKS on
Happy Friday Colorado Employers: The Colorado Department of Labor and Employment recently issued an Interpretive Notice & Formal Opinion (INFO) regarding the Colorado Transparency in Pay and Job Opportunities law.
While the INFO does not have the force of law, it does provide key insight into how the administrative agency tasked with enforcing this law…
New York Expands Rules Governing Nondisclosure Provisions in Settlements
By Davis+Gilbert PERKS on
New York employers: As previously reported on PERKS, Governor Hochul signed an amendment to NY law regulating the use of nondisclosure provisions in settlement agreements. Keep in mind that the amendment expands coverage of this law to claims involving harassment and retaliation, and also to claims asserted by independent contractors.
The amendment clarifies that an…