The United States Department of Labor (“DOL”) issued a Final Rule regarding the classification of workers as employees or independent contractors under the Fair Labor Standards Act (“FLSA” or the “Act”). The Final Rule went into effect on March 11, 2024. As employers are aware, the Act’s minimum wage and overtime protections only apply to employees, not independent contractors. The Final Rule rescinds the DOL’s 2021 Independent Contractor Rule and its use of two “core factors” to determine whether a worker is an employee or an independent contractor and reflects a return to the pre-2021 “totality-of-the-circumstances” analysis to determine if a worker is economically dependent on the employer.
Read MoreAs employers may recall, the New York City Council passed amendments to the New York City Fair Chance Act earlier this year. Those amendments took effect on July 29, 2021. The New York City Commission on Human Rights (NYCCHR) issued a guidance document on July 15, 2021, interpreting the amendments, as well as an amended Fair Chance Act Notice that employers should use going forward when analyzing an individual’s criminal history. A brief summary of the guidance is below.
Read MoreEmployers will recall that in 2018, New York State and New York City imposed mandatory sexual harassment training obligations on employers, with the State requiring all employees be trained by October 9, 2019. Employers are reminded that both State and City law mandate that this training be conducted yearly, and New York City expanded its training requirement earlier this year to include independent contractors who work for the employer for at least 80 hours and 90 days per year.
Read MoreThis week, the New York City Council introduced a “NYC Essential Workers Bill of Rights” as part of a broader COVID-19 relief package. The NYC Essential Workers Bill of Rights is comprised of four bills, which address premium pay and just cause rights for employees working in essential businesses during the COVID-19 pandemic; propose the expansion of sick and safe leave to independent contractors; and advocate a new standard for classifying workers as independent contractors.
Read More