If you have ever spoken to your employment lawyer about a poor-performing employee, they have surely asked you about the kind of feedback that has been given to the employee.  Performance management matters, and it’s not just to support a termination of employment or performance improvement plan. When discussing performance management, I am not referring … Read more

Late last month (June 2023), the New York State Department of Labor’s amendments New York’s WARN Act regulations went into effect. This post highlights five of the most important amendments to those regulations. 1 – Employer Coverage The New York WARN Act applies to private sector employers if they employ at least 50 full-time employees … Read more

This post is part of a new series that specifically discusses employment law issues for startups and small businesses operating in New York State and New York City. I have seen a lot of posts in recent months warning employers that prosecutors are getting tougher on wage theft.  From a preventative counseling perspective, I find … Read more

On April 11, 2023, the New York State Department of Labor (NYSDOL) finalized its new Sexual Harassment Prevention Model Policy.  This is important because every employer in New York State is required to adopt a sexual harassment prevention policy. An employer that does not adopt the NYSDOL’s model policy must ensure that their policy meets … Read more

Any employer giving thought to launching an unpaid internship program must make sure it complies with federal and NY state law requirements.  These tests set forth minimum criteria in order for an internship to be unpaid.  If the criteria are not satisfied, then the internship must be a paid one. Separate tests exist for non-profits … Read more

On January 12, 2023, the New York State Department of Labor (NYSDOL) proposed a new Sexual Harassment Prevention Model Policy. Why is this important?  Every employer in New York State is required to adopt a sexual harassment prevention policy.  An employer that does not adopt the NYSDOL’s model policy must ensure that their policy meets … Read more

Federal and/or state law generally require that most employees in the United States be paid at least the minimum wage for all hours worked plus overtime pay at a rate of 1.5 times an employee’s regular rate of pay for all hours worked over 40 hours in a workweek.  However, federal and/or state law also … Read more

After some amendments, NYC’s salary transparency law takes effect on November 1, 2022. The law applies to employers with four or more employees and requires employers to include a minimum and maximum salary/wage range in all job advertisements. Any advertisement that is in print, digital, or disseminated internally for transfer opportunities or promotion is subject … Read more

Some businesses are not aware that they must provide departing employees with certain information when the employment relationship ends.  Nor are they aware that they must provide departing employees with their final paycheck within a certain time frame.  Below is a one-pager that outlines those requirements under New York and New Jersey state law.  A … Read more

Earlier this month, the New Jersey Division on Civil Rights (DCR) adopted new and amended regulations which expand the posting requirements for employers under the New Jersey Law Against Discrimination (NJLAD) and Family Leave Act (NJFLA).  The new posting requirements were effective August 1, 2022. The new requirements are as follows: Covered employers shall display … Read more