Congratulations to our partner and Chair of the Labor and Employment practice on her appointment to Chair of the New York City Bar Association's Labor and Employment Law committee and to Evan J. Spelfogel on his appointment to Secretary of the Committee.

On August 20, 2024, the United States District Court for the Northern District of Texas set aside and deemed unlawful and unenforceable the Non-Compete Rule (“Rule”) promulgated by the Federal Trade Commission (“FTC”).  In Ryan LLC v. Federal Trade Commission (“Ryan”), 2024 WL 3879954 (N.D. Texas August 20, 2024), the Court determined that the Rule was violative of the FTC Act, the Administrative Procedure Act, and the Declaratory Judgment Act.  The Court ruled that the FTC “exceeded its statutory authority in implementing the Rule” and further declared the Rule to be “arbitrary and capricious” for being unreasonably overbroad and not reflective of reasonable alternatives.  The Court held that the Rule “shall not be enforced or otherwise take effect on September 4, 2024, or thereafter.”

New York, NY, August 19, 2024 -- Phillips Nizer LLP is pleased to announce that 8 lawyers have been included in the 2025 edition of The Best Lawyers in America^®. Lawyers on The Best Lawyers in America list are reviewed by their peers based on professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.

Effective Date:  Enacted on November 22, 2023 and initially scheduled to become effective on May 20, 2024, New York State’s Freelance Isn’t Free Act (“FIFA”) now has an effective date of August 28, 2024.  All FIFA requirements will be effective as of that date and not retroactively.  

FIFA greatly mirrors and does not preempt the requirements of the New York City FIFA which took effect on May 15, 2017.

The Pregnant Workers Fairness Act (“PWFA”) went into effect on June 27, 2023 and applies to employers with at least 15 employees.  The PWFA was intended to fill gaps in the federal and state legal landscape regarding protections for employees affected by pregnancy, childbirth, and related medical conditions.  In many respects, the PWFA expands employers’ obligations to accommodate pregnancy-related conditions beyond the Americans with Disabilities Act (“ADA”).   
 
On April 15, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued its final regulations (the “Final Regs.”) which interpret the PWFA and provide insight into how the EEOC will enforce the law.  The Final Regs. will take effect on June 18, 2024.  Below are the key takeaways from the Final Regs. and implications for employers’ compliance with the law.

On April 23, 2024, the Federal Trade Commission (the “FTC”) approved its final rule banning non-compete agreements, with some exceptions.  The FTC ruled that the use of non-compete agreements is an “unfair method of competition” in violation of Section 5 of the Federal Trade Commission Act (“FTC Act”).  The FTC initially proposed a rule banning the use of non-compete agreements in January 2023, receiving numerous public comments regarding the proposed rule.  The final rule, which becomes effective 120 days after the date of publication in the Federal Register, effectively bans all existing and future non-compete agreements for all types of workers, with exceptions described below. 
Phillips Nizer will provide further updates as developments occur. 

The United States Department of Labor (“DOL”) issued a final rule on April 23, 2024,  “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” revising certain salary thresholds under the Fair Labor Standards Act (“FLSA”).  The final rule has an effective date of July 1, 2024, with further delineated changes on January 1, 2025.

For background, the FLSA provides categories of employees that are “exempt” from overtime payments; relevant to the instant rule are the salary requirements for exemptions for executive, administrative, professional, as well as the highly compensated employees.

Regina Faul, Chair of Phillips Nizer's Employment & Labor Law practice, will co-chair The New York City Bar Association Employment Law Institute's annual conference, to be held on March 1, which will examine current trends, developments, and cutting-edge issues in employment and labor law.

Effective Wednesday, November 22, 2023, the New York City Human Rights Law (“NYCHRL”) has been amended to prohibit discrimination based on height or weight in employment, housing, and public accommodations.  New York City now joins the following seven jurisdictions that include height and weight as classifications protected from unlawful discrimination and harassment:
 
(1) Binghamton, New York; (2) San Francisco, California; (3) Santa Cruz, California; (4) Washington, D.C.; (5) Urbana, Illinois; (6) Madison, Wisconsin; and (7) the State of Michigan.  Similar legislation presently is pending in New York State, New Jersey, Massachusetts, and Vermont.

As we get closer to 2024, employers should consider a review of employment practices and rules for the new year.  This is especially so given the National Labor Relations Board’s (“NLRB”) decision this year in Stericycle, Inc., 372 NLRB 113 (2023).  In Stericycle, the NLRB laid out a new legal standard for the evaluation of work rules, adopting a case-by-case review.  Stericycle overrules the categorical approach contained in The Boeing Co., 365 NLRB 154 (2017) and revises the standard in Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004), presenting a change to a more employee-friendly approach to the evaluation of work rules.

Regina E. Faul, Employment & Labor Law Practice Chair and Karen Monroe, Partner, International Practice, attended the International Bar Association (IBA) 2023 Annual Conference in Paris, held from October 29 – November 3.

Phillips Nizer was proud to sponsor the Business of Women Entrepreneurs (WE) 2023 Annual Summit on Oct 16.  Regina E. Faul, chair of Phillips Nizer’s Employment and Labor Law practice facilitated a panel of the firm’s attorneys discussing what business owners need to know from a legal perspective.  Panelists included: Amanda Benishai, Associate, Real Estate and Litigation, Caitlin Breen, Associate, Employment and Labor Law and Karr Washington, Associate, Intellectual Property. 

 

Phillips Nizer LLP is pleased to announce that 12 lawyers have been selected to the 2023 New York Super Lawyers list. No more than five percent of the lawyers in New York are selected by Super Lawyers.

Effective September 17, 2023, New York employers with four or more employees must comply with certain statutory disclosure requirements when advertising for positions physically within and some outside the workplace or office.  The law applies to advertising for available jobs, promotions, and transfer opportunities.  “Covered employers” also includes employment agents, agencies, and recruiters regardless of size, excepting temporary help firms. “Advertise” is defined as “to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.” 

Best Lawyers® recognized Alan Behr, Jan L. Bernstein, Regina E. Faul, Helene M. Freeman, Michael W. Galligan, Donald P. Perry, Evan J. Spelfogel, Martin B. Wasser and Elliot J. Wiener.  

Regina E. Faul, Chair of the Employment and Labor Practice at Phillips Nizer, was appointed to the New York City Bar Association’s (NYCBA) Labor & Employment Law Committee, to serve from August 01, 2023 to July 31, 2026. 

Philips Nizer Partners, Regina E. Faul, Chair, Employment & Labor Law Practice and Stephanie F. Lehman, Chair, NY/NJ Metro Family Law Practice, were selected as 2023 Notable Women in Law by Crain's New York Business.  Regina and Stephanie were recognized for their efforts in helping attorneys advance their careers and for their contributions to the legal community.  

Phillips Nizer, in its continued efforts to create and support a diverse leadership, is proud to announce the achievement of Mansfield Certification Plus status. 

Regina E. Faul, Partner and Chair, Employment & Labor Practice, will participate on a panel hosted by Strafford, a premium provider of CLE and CPE programs, on August 10, 2023.  The program, “Tip Pooling and Other Wage and Hour Hospitality Issues in the Hospitality Industry” will discuss best practices for FLSA and DOL compliance for tipped employees. 

Phillips Nizer is proud to partner with the Business of Women Entrepreneurs (WE), an organization supporting the advancement of minority business women and entrepreneurs.

Best Lawyers® recognized Alan Behr, Jan L. Bernstein, Regina E. Faul, Helene M. Freeman, Michael W. Galligan, Marc A. Landis, Donald P. Perry, Jeffrey Q. Smith, Evan J. Spelfogel, Martin B. Wasser and Elliot J. Wiener. 

Labor & Employment Law Practice Chair, Regina Faul was quoted in the Hollywood Reporter discussing time constraints on sexual abuse cases and the impact on employers.

Regina Faul, Partner and Chair, Employment & Labor Practice, participated as a panelist in a workshop on “Legal Advocacy in Mediation” for the New York State Bar Association Labor and Employment Law Section's annual meeting on January 20, 2023.  The workshop provided practical strategies and techniques for successful client-advocacy in mediation.

NYS DOL has provided guidance to employers on the immediate requirements for compliance with the NY HERO Act, as previously covered in our last alert.  By August 5, 2021, employers must have adopted airborne infectious disease exposure plans.  Employers face a $50 per day penalty in place for failure timely to adopt a plan.  Employers can create a plan following NYSDOL standards or use a Model Plan created by the NYSDOL.

On May 5, 2021, Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (NY HERO Act), which is intended to protect workers from airborne infectious diseases in the workplace.  The law will require employers to comply with minimum standards for workplace safety, which are to be developed, implemented and enforced by the NYS Department of Labor (NYSDOL) and the New York Department of Health (NYSDOH).  These standards, once implemented, will address testing, PPE, social distancing, hand hygiene, disinfection, and engineering controls. 


 

On May 5, 2021, Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (NY HERO Act), which is intended to protect workers from airborne infectious diseases in the workplace.  The law will require employers to comply with minimum standards for workplace safety, which are to be developed, implemented and enforced by the NYS Department of Labor (NYSDOL) and the New York Department of Health (NYSDOH). These standards, once implemented, will address testing, PPE, social distancing, hand hygiene, disinfection, and engineering controls.

When former Boston Mayor and construction trades union member and leader Marty Walsh was confirmed as the 29^th U.S. Secretary of Labor on March 22, 2021, he became the first union member Secretary since the 1970s.  Walsh’s background, priorities and experience point to a significantly more pro-labor agenda than in recent years, and early action on a number of major labor initiatives, including rollbacks of Trump labor regulations. 

The Labor and Employment Law Section of the New York State Bar Association has announced that Phillips Nizer LLP Senior Counsel Evan J. Spelfogel, has been awarded the Lifetime Achievement Award.

We are proud to congratulate our selected attorneys.

“It is recommended that employers review their policies and training protocols to ensure that they adequately address the extended protections,” says Regina Faul, labor and employment chair at Phillips Nizer, a law firm specializing in labor issues. “Additionally, further training of managers, supervisors and employees should include best practices for implementing and maintaining a diverse workforce with a culture of inclusion and acceptance.”

Higher EPLI rates are possible, but not in places such as New York State and New York City where these individuals were already protected, said Regina E. Faul, New York-based partner who chairs Philip Nizer LLP’s employment & labor practice.

On Wednesday, November 28, 2018, Regina E. Faul, Chair of the Employment and Labor Law Practice at Phillips Nizer, presents a free, 90-minute program, which intends to provide insight to lawyers about the changing NYS and NYC law addressing sexual harassment and other workplace issues, and also provide information that lawyers can use to recognize issues for their clients. | Registration, breakfast and networking: 8:00 - 8:30 a.m.; Program: 8:30 - 10:00 a.m. | RSVPs required by November 20th. (space is limited): events@phillipsnizer.com

Regina joins panelists to address "Settlement of FLSA Claims" at the inaugural Wage & Hour ExecuSummit on November 27, 2018.  The two-day program will be held at Mohegan Sun in Uncasville, Connecticut. The panel will convene at 1:00 p.m. | Agenda and registration details in the attached file.

A program for business owners, company executives, human resources managers and employee relations representatives. 

 

This week, Mayor Bill de Blasio signed a package of 11 bills requiring most employers to provide annual sexual harassment training for workers, beginning April 1, 2019. | Read: "NYC mayor signs sexual harassment training mandate into law: Training required for employers of 15 or more by April 2019"

In April, the New York City Council overwhelmingly approved a bill to prohibit employers from inquiring about or relying on, a prospective employee’s salary history. The bill was signed into law by Mayor Bill De Blasio on May 4, 2017. [Note: The AP has since been republished by several news sites including, The New York Times, The Washington Post and ABC News.]