Tag Archives: Marc-Joseph Gansah

ILN Today Post

Overtime Exemptions, Predictive Scheduling, Sex Harassment, and More: Major Developments on Some Key Issues Affecting Retail Employers

Spring may have been slow to arrive in some parts of the country this year, but the courts, state legislatures, and government agencies have been moving full speed ahead. In April, the U.S. Supreme Court issued a potentially game-changing decision in which it rejected the principle that courts should narrowly construe exemptions under the Fair Labor Standards Act (“FLSA”). On the heels of new “predictive scheduling” laws in New York City, the New York State Department of Labor issued its own proposed—and, in some ways, more exacting—rules on the matter. The New York State Legislature has been busy as well, enacting sexual harassment laws that impose significant new burdens on employers, including an annual training requirement. In addition, with the threat of workplace violence an ever-present concern, we provide some concrete guidance on how to manage and minimize the risks to your business. Finally, as summer approaches, we assess the impact of the U.S. Department of Labor’s new “primary beneficiary” test on internship programs.

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Freelance Isn’t Free Act Guidelines Published

Our colleagues , and Corben J. Green at Epstein Becker Green, have a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the technology industry: “The Department of Consumer Affairs Publishes Rules Governing FIFA.”

Following is an excerpt:

On May 15th, the Freelance Isn’t Free Act (“FIFA”) went into effect in New York City. The Department of Consumer Affairs (“DCA”) recently issued guidelines to help employers comply with the law. …

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The Department of Consumer Affairs Publishes Rules Governing FIFA

On May 15th, the Freelance Isn’t Free Act (“FIFA”) went into effect in New York City. The Department of Consumer Affairs (“DCA”) recently issued guidelines to help employers comply with the law.

Coverage and Immigration Status

FIFA protects all freelance workers regardless of their immigration status.

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Reminder: NYC’s Freelance Isn’t Free Act Takes Effect on May 15

On May 15, 2017, New York City’s Freelance Isn’t Free Act (“FIFA”) will take effect. FIFA requires parties that retain “freelance workers” to provide any service where the contract between them has a value of $800 or more to reduce their agreement to a written contract.

FIFA defines a freelance worker as “any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to provide services in exchange for compensation.” Importantly, the law does not cover organizations or more than one natural person.

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Maryland General Assembly Passes Sick and Safe Leave Bill

Paid Leave_shutterstock_371740363The state of Maryland appears poised to join seven other states and various local jurisdictions (including Montgomery County, Maryland) already requiring employers to provide paid sick and save leave. On April 5, 2017, the Maryland House of Delegates approved a bill previously passed by the Maryland Senate that would require most employers with at least 15 employees to provide up to five paid sick and safe leave days per year to their employees, and smaller employers to provide up to five unpaid sick and safe leave days. Although the bill contains an effective date of January 1, 2018, the actual effective date will depend on action by Governor Larry Hogan.

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Maryland General Assembly Passes Sick and Safe Leave Bill

Paid Leave_shutterstock_371740363The state of Maryland appears poised to join seven other states and various local jurisdictions (including Montgomery County, Maryland) already requiring employers to provide paid sick and save leave. On April 5, 2017, the Maryland House of Delegates approved a bill previously passed by the Maryland Senate that requires would require most employers with at least 15 employees to provide up to five paid sick and safe leave days per year to their employees, and smaller employers to provide up to five unpaid sick and safe leave days. Although the bill contains an effective date of January 1, 2018, the actual effective date will depend on action by Governor Larry Hogan.

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