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New York City Bans Employer Inquiries Into Applicants’ Salary History

May 10, 2017

Experienced human resources professionals and job interviewers are familiar with a number of questions that should be avoided in a job interview or on an employment application. It’s well known that employers should generally not ask applicants direct or indirect questions about (among other things) their racial, ethnic, or religious background, or their marital status,… read more →

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New York City Council Passes Bill Protecting Freelance Workers’ Wages

November 14, 2016

On October 27, 2016, the New York City Council passed a bill, known as the “Freelance Isn’t Free Act” (the “Act”). The Act requires New York City hiring parties employing freelance workers to enter into a written contract containing certain specified terms, and further requires freelancers to be paid within 30 days of completion of… read more →

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New York State Legislates New Paid Family Leave and Minimum Wage Requirements

April 29, 2016

Earlier this month, the New York State Assembly passed two significant pieces of legislation that will impact all employers in the state of New York, regardless of size, in the coming years. First, the new Paid Family Leave Benefits Law will create an additional payroll deduction and entitle employees to up to 12 weeks of… read more →

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Pharmaceutical Company Liability for Statements of Opinion About Pending FDA Approval: The Second Circuit Clarifies

March 14, 2016

For a pharmaceutical company, obtaining approval from the U.S. Food and Drug Administration (“FDA”) for a new drug product is critical to the company’s success, and accordingly, of intense interest to the investing community.  In certain circumstances, the company risks exposing itself to substantial liability under federal securities laws when publicly stating optimistic opinions about… read more →

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New York City Amends Rules Under New Earned Sick Time Act

February 18, 2016

New York City’s Department of Consumer Affairs[1] recently adopted substantial amendments to the regulations under New York City’s Earned Sick Time Act (the “Act”), which generally requires New York City businesses employing five or more employees (or one or more domestic worker) to annually provide 40 hours of paid sick leave to its employees. The… read more →

[1] Although the Department of Consumer Affairs issued these rules, a recent bill signed by Mayor Bill de Blasio established a new New York City Office of Labor Standards.  Going forward, the Office of Labor Standards, and not the Department of Consumer Affairs, will be responsible for enforcing the Act.

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United States Supreme Court Holds That A Defendant’s Unaccepted Offer Of Full Settlement To Named Plaintiff In A Class Action Does Not Require Dismissal Of The Action As Moot

January 26, 2016

Can a defendant in a putative class action obtain dismissal of that action as moot by making an “offer of judgment” under federal rules that, if accepted, would fully satisfy the claim of the individual named plaintiff? It is an issue with implications in a broad set of contexts, from employment and consumer litigations to… read more →

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New Law Requires NYC Employers to Offer Pre-Tax Commuter Benefits

December 7, 2015

On January 1, 2016 employers with 20 or more full-time employees in New York City will be required to offer up to $130 in pre-tax transit benefits to their employees. The law covers a wide array of employers including for-profit and nonprofit businesses, business headquartered outside the City with NYC-based employees, and chain businesses. Employers… read more →

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