Labor and Employment Archives

May 10, 2017

New Georgia Law Permits Employees to Use Sick Leave to Assist Family Members

On Monday, May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act (the “Act”), a bill that allows workers to use their own sick leave to care for immediate family members. The first bill of its kind to be passed into law, the Act applies to employers with 25 or more employees who elect to provide employees with time away from work due to incapacity, illness, or injury (sick leave), for which the employee receives his or her regular salary, wages, or other remuneration. The Act does not require employers to provide sick leave. It does,… Read more

May 10, 2017

New York City Restricts Inquiries and Use of Job Applicants’ Salary History

New York City has expanded the subjects that are off-limits to employers during the hiring process. Mayor Bill DiBlasio recently signed legislation (the “Act”) that will make it unlawful during the hiring process for employers and employment agencies to inquire about or rely upon an applicant’s salary history when determining the applicant’s salary, benefits or other compensation. The Act prohibits asking the applicant, the applicant’s current or prior employer, or searching publicly available records, for the purpose of obtaining an applicant’s salary history. The Act is designed to reduce the gender and minority pay gap and is similar to laws… Read more

Mar 6, 2017

ACA Repeal-and-Replace Bill Released

On Monday, March 6, 2017, the Energy and Commerce Committee and the Ways and Means Committee of the U. S. House of Representatives released the American Health Care Act (the “Act”), which would repeal and replace portions of the Patient Protection and Affordable Care Act (the “ACA”). Notable provisions in the Act that would affect employer-sponsored health plans include: Reduce to zero the penalty for employers that fail to offer minimum essential coverage to their employees. Reduce to zero the individual mandate to obtain health insurance. Replace income-based tax credits for purchasing private insurance with age-based tax credits. Encourage the… Read more

Jul 23, 2015

Employers Beware: Fair Wage Laws Protect Undocumented Workers in More Ways Than One

By: Peter Goodman It is typical for an employer to assume – albeit incorrectly – that an employee who has undocumented immigration status is not protected by various fair wage laws such as the Fair Labor Standards Act and the New York Labor Law. After all, on its face, it would not take a great leap of logic to conclude that an employee who is subject to being deported because she lacks authorization to work or reside in this country, would not be permitted to assert a claim under wage protection statutes. But a recent decision by Magistrate Judge James… Read more

Mar 11, 2015

Professional Employer Organizations ( PEOs ) – What’s the Buzz?

Professional Employer Organizations, also known as “PEOs,” are becoming more popular every year. PEOs service businesses with only one employee and up to hundreds, and in almost any industry imaginable. They also recently obtained long-awaited federal recognition with President Obama’s signing of the Small Business Efficiency Act. This law, among other things, provides for IRS certification of eligible PEOs, thereby validating the industry and giving its customers new confidence in the PEO relationship. It is curious, however, that many business owners are unaware of or misunderstand this valuable resource. In this article, we will take a quick look at the… Read more