The below are summaries of the updates affecting the FLSA and NLRA. For more information on these updates, please do not hesitate to contact our office. FLSA Update: Employees Paid a Daily Rate Are Not Exempted from FLSA Protections On February 22, 2023, the Supreme Court held that even highly compensated employees are covered by [...]
Learn more from our Managing Partner Irene Sinayskaya, and from Jane Lvovskiy of Supporting Strategies, about the updates to the laws to extend to remote employees on their Podcast for a Savvy Business Owner. On February 9, 2023, the United States Department of Labor (“DOL”) issued guidance concerning employees’ rights and employers’ responsibilities under the Fair Labor [...]
As of February 23, 2023, The New York Department of Financial Services’ Pharmacy Benefits Bureau is looking to enact the Pharmacy Benefit Manager Laws, thus announcing a final request for public engagement. In an attempt to lessen the fraud, waste, and abuse within health care services, pharmacies retained information from PBM audits to avoid “predatory [...]
On January 5, 2022, the United States Federal Trade Commission (FTC) announced a Proposed Rulemaking that would prohibit the inclusion of “non-compete” clauses in contracts related to employment as unfair methods of competition. Non-compete clauses are provisions in employment agreements that block employees from working for a competing employer or starting a competing business within a specified [...]
With the addition of a recent amendment to Section 201 of the New York Labor law, employers are now required to provide digital and online copies of all labor law posters that the employer is required to display as of December 16, 2022. Under the new amendment, employers are required to send copies of all [...]
Restrictions on the Distribution of Plastic Straws, Splash Sticks, and Stirrers Following the New York City Hospitality Alliance‘ release of standards surrounding the use of straws, businesses were issued a one year-warning period on November 1, 2021, to replace plastic beverage straws with compostable materials. Compostable straws include alternatives such as wooden beverage splash sticks, [...]
The U.S. Equal Employment Opportunity Commission (EEOC) released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster that replaces and supersedes any previous version uploaded by the EEOC. The poster summarized federal laws prohibiting discrimination and steps employees can take if they believe they have experienced discrimination based on race, color, sex, age, equal [...]
The United States Department of Labor (DOL) released a Notice of Proposed Rulemaking outlining the analysis for determining whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA). The FLSA governs overtime and minimum wage requirements for employees. FLSA’s minimum wage and overtime requirements do not apply to [...]
2022 is proving to be an eventful year for the home care industry in New York State, with many changes to Medicaid-funded home care taking place effect in October and beyond. Below is a brief summary of the changes to the Medicaid Program that will be taking effect over the coming months. - Minimum Wage. The [...]
DOH Lifted the Moratorium on LHCSAs On or about August 17, 2022, the New York State Department of Health (“DOH”) lifted its moratorium on the issuance of new licenses to operate as Licensed Home Care Services Agencies and implemented new requirements regarding the issuance of same. These requirements take effect retroactively, and as such, as of [...]