On June 8, the U.S. Department of Labor issued its final rule to provide some clarity for employers seeking to use the fluctuating workweek method of computing overtime compensation under the Fair Labor Standards Act. The final rule, which is essentially the same as the proposed rule that was issued on November 5, 2019, lists each of the five requirements for using the fluctuating workweek method separately and explicitly states that bonuses, premium payments, and other additional payments of any kind are compatible with the use of the fluctuating workweek method. The final rule becomes effective on August 7.

About one week after the USDOL's fluctuating workweek rule was issued, the Second Circuit Court of Appeals (the Federal appellate court with jurisdiction over employers in New York) issued a decision in the case of Thomas et al. v. Bed Bath & Beyond Inc. In the Bed Bath & Beyond case, the Second Circuit affirmed the dismissal of a collective action filed by a group of Department Managers who alleged that Bed Bath & Beyond had improperly used the fluctuating workweek method to pay them overtime.

Read More >> Positive Developments for New York Employers on the Use of the Fluctuating Workweek Method of Computing Overtime Compensation

On June 10, 2020, the National Labor Relations Board (the NLRB or the Board) issued a decision that reversed a 2014 Board decision regarding the test for exercising jurisdiction over faculty members at religious institutions.  In Bethany College, the Board held that the test for exercising such jurisdiction that was established by the Board in Pacific Lutheran University was inconsistent with U.S. Supreme Court and D.C. Circuit Court of Appeals precedent, and restored the test established by the D.C. Circuit Court of Appeals in University of Great Falls v. NLRB.

Read More >> National Labor Relations Board Reverses Obama-Era Decision Regarding Standard for Asserting Jurisdiction Over Faculty Members at Religious Institutions

On June 15, 2020, the Supreme Court held in a monumental decision that an employer who discriminates against an employee or applicant based on that individual’s gender identity or sexual orientation violates Title VII of the Civil Rights Act.

Read More >> Landmark Supreme Court Decision Protects LGBTQIA+ Employees Under Title VII of the Civil Rights Act

Earlier this week, in response to a nationwide outcry for police reform, the New York Legislature repealed Civil Rights Law § 50-a, a decades-old statute that largely prohibited the disclosure of police disciplinary records.  The justification included the following:  “Repeal of § 50-a will help the public regain trust that law enforcement officers and agencies may be held accountable for misconduct.”  Governor Cuomo has now signed the new legislation, which takes effect immediately.

Read More >> Repeal of Civil Rights Law Section 50-a: What This Means for the Disclosure of Police Disciplinary Records

As we reported in our recent information memo, COVID-19 has created an evolving immigration environment. The related federal agencies and the White House have responded with a number of temporary policy and procedural changes to help minimize the spread of the virus in the U.S. and to help employers comply with various laws during this extremely challenging time. It remains essential for employers to maintain immigration compliance during the COVID-19 emergency and to take the steps necessary to maintain the nonimmigrant status and work authorization of their foreign national employees. In addition, now that businesses and organizations are beginning to reopen pursuant to government guidelines, employers are advised to keep abreast of the latest legal developments and various obligations they may have over the next few months as we slowly return to our workplaces.

Read More >> Business Immigration in the Era of COVID-19 Update: Presidential Proclamations, Travel Restrictions, Resumption of Premium Processing and the Reopening of USCIS

The Office of Federal Contract Compliance Programs ("OFCCP") approved the use of a revised voluntary self-identification of disability form (Form CC-305) on May 5, 2020.  Federal contractors have until August 4, 2020, to implement the new form into their applicant and employee systems and processes.

Read More >> OFCCP Revises Voluntary Self-Identification of Disability Form

On May 7, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will delay the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections due to the COVID-19 public health emergency. The notice was published in the Federal Register on May 8.

Read More >> EEOC Announces Delay of EEO Data Collections

In April 2020, Governor Cuomo signed new laws which amend the Wage Theft Prevention Act (WTPA). First passed in 2011, and amended in 2014, the WTPA mandates that employers provide employees with notices at their time of hire containing pay information and include related pay information on employee pay stubs. The amendments add new requirements to the WTPA notices and pay stubs for employees on public work contracts throughout the state who receive prevailing wage supplements and for home care aides in New York City and Nassau, Suffolk and Westchester counties.

Read More >> Amendments to New York's Wage Theft Prevention Act Impose New Notice Requirements Regarding Prevailing Wage Supplements and Home Care Aide Benefits

On April 17, 2020, the Equal Employment Opportunity Commission (EEOC) issued updated guidance on COVID-19 in the workplace. The EEOC has been releasing information on the pandemic for employers since mid-March, and the most recent updates to the guidance primarily focus on how employers should accommodate employees during the pandemic as well as how to return individuals to work once the pandemic subsides.

Read More >> EEOC Issues New Guidance on COVID-19

The budget bill signed by Governor Cuomo on April 3, 2020, includes an amendment to the Labor Law that requires New York employers to provide sick leave to employees. The legislation becomes effective 180 days after it was enacted, which appears to be September 30, 2020.

Read More >> New York Enacts Paid Sick Leave Law

The budget legislation signed by Governor Cuomo on April 3 includes an amendment to the Election Law that reverts back to the pre-2019 law regarding employee time off to vote.

Read More >> New York Budget Legislation Includes an Amendment Reverting Back to the Old Voting Leave Law

On April 1, 2020, the Department of Labor (DOL) published the first regulations on the Families First Coronavirus Response Act (FFCRA). As a reminder, the FFRCA became effective on April 1 as well, and provides for Emergency Family and Medical Leave (EFMLA) and Emergency Paid Sick Leave (EPSL). Both laws apply to private employers with fewer than 500 employees, as well as some public employers. 

Read More >> Department of Labor Issues Temporary Regulations on the Families First Coronavirus Response Act