Legislative Updates

USCIS Extends Form I-9 Expiration Date U.S. Citizenship and Immigration Services updated the Form I-9, Employment Eligibility Verification to extend the expiration date to 05/31/2027. Employers must use the Form I-9 with the edition date of 08/1/23, which may have an expiration date of either 07/31/2026 or 05/31/2027. Either form may be used until its respective expiration date. Downloads available on the...

Federal Court Vacates NLRB’s New Joint Employer Rule As we previously reported, the National Labor Relations Board (“NLRB”) issued a final rule addressing the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). Before the new rule became effective, the Chamber of Commerce of the United States brought a lawsuit in the Easter District of Texas, seeking to have the...

U.S. Salary Threshold for Pay Frequency Increasing As a reminder, effective March 13, 2024, the salary threshold increases for employees working in a bona fide executive, administrative, or professional capacity for purposes of wage protections under Article 6 of the New York Labor Law from $900 to $1,300 per week. Specifically, executive, administrative, and professional employees who meet this salary...

New Reporting Requirements Under the Corporate Transparency Act and the NY LLC Transparency Act Effective January 1, 2024, the Corporate Transparency Act (the “CTA”) requires every corporation, LLC, or other entity created by the filing of a document with a Secretary of State to file a report disclosing information regarding its beneficial owners to the Treasury Department’s Financial Crimes...

New York City Amends Earned Safe and Sick Time Act to Allow a Private Right of Action The New York City Council recently amended the New York City Earned Safe and Sick Time Act (“ESSTA”), to create a private right of action for employees claiming violations of ESSTA. Employees will have two years from the date they first knew or should have known about the alleged violation to file a lawsuit. The new...

New York Second Department Court Holds Manual Workers Do Not Have a Private Cause of Action in Frequency of Pay Claims On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held that a private right of action under New York Labor Law 198(1-a) does not apply to frequency of payment claims under Section 191.   In Grant v. Global Aircraft Dispatch, Inc., 2024...

New York State COVID-19 Paid Leave Law Remains in Effect As we are all aware, New York State issued an order implementing the New York State COVID-19 Leave Law, providing job-protected leave for employees who are subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19.  While the pandemic seems like a thing of the past, the New York State COVID-19 Sick Leave Law still...

New York State Paid Family Leave Updates for 2024 As you are aware, New York State Paid Family Leave was implemented in 2018 and provides eligible employees with up to 12 weeks of job protected, paid time off to bond with a new child, care for a family member with a serious health condition, or to assist loved ones when a family member is deployed abroad on active military service. This time can be taken...

New York City Enacts Legislation Requiring Notice and Posting of Workers’ Bill of Rights Beginning July 1, 2024, New York City employers will be required to post and distribute a Workers’ Bill of Rights which would contain information on the rights and protections under federal, state, and local laws that apply to all workers in the City, regardless of immigration status. The Department of Consumer and...

NY State Increases Salary Thresholds for Minimum Wage and Overtime Exemptions for Executive or Administrative Employee Effective January 1, 2024, the New York State salary threshold for exempt executive and administrative employees is as follows: New York City, Westchester, Nassau and Suffolk Counties          $1,200.00/week ($62,400.00/year) The Rest of New York State         ...