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New York City Enacts Municipal Office of Labor Standards; Office’s Initial Mandate Is To Enforce NYC Earned Sick Time Act

On November 30, 2015, New York City Mayor Bill De Blasio signed a bill establishing an “Office of Labor Standards,” to be headed by a Director appointed by the Mayor. The Office, once established, is tasked with “study[ing] and mak[ing] recommendations for worker education, safety and protection, educat[ing] employers on labor laws, creat[ing] public education … Continue Reading

Indiana Appeals Court Declines to Adjudicate Pastor’s Claim For Unpaid Vacation, Citing Ministerial Exception

Courts adjudicating employment disputes under employment statutes will decline to do so where inquiry into the employment relationship will interfere with First Amendment religious protections. Often, this concerns a claim challenging the legality of termination of a member of the clergy, but the concept can also extend to such employees’ claims under wage-and-hour laws, as … Continue Reading

Trenton Sick Leave Law Withstands Judicial Challenge; Philadelphia Sick Leave Law May Become Preempted

Trenton, New Jersey, like numerous other municipalities (especially in New Jersey), recently enacted its own paid sick leave law. As with Seattle’s recent minimum wage rulemaking, a coalition of New Jersey business groups challenged the city’s authority to do so, urging that the ordinance exceeded the city’s police powers and offended constitutional protections. New Jersey … Continue Reading

Illinois Federal Judge: Employer Free to Modify Terms of Vacation Policy Under Illinois Wage Law

In most states, private non-unionized employers are free to provide vacation and other benefits as they see fit (subject to evolving state and municipal requirements such as New York City’s Earned Sick Time Act), but must ensure any policy language complies with applicable state law and that any policy changes due not result in forfeiture … Continue Reading

Philadelphia Joins New York City, Newark and Many Other Jurisdictions In Requiring Paid Sick Leave

On February 12, Mayor Michael Nutter signed a bill requiring Philadelphia employers with 10 or more employees to offer paid sick leave, joining neighbors New York City and Newark, New Jersey, as well as other states and localities, in enacting such a requirement.  The Philadelphia bill takes effect in mid-May, and requires that eligible employees accrue paid … Continue Reading

Louisiana Court Holds That PTO Days Are Considered Wages Under State Law

Last month, an intermediate appeals court in Louisiana held that accrued and unused paid days off constituted earned wages for which compensation was due to a former employee upon separation under the Louisiana Wage Payment Act (“LWPA”).  Davis v. St. Francisville Country Manor, L.L.C., 2013 La. App. LEXIS 2241, 1-2 (La.App. 1 Cir. Nov. 1, … Continue Reading

New York City Poised To Enact Paid Sick Days

New York City is expected to join the ranks of the growing number of jurisdictions which require private sector employers to provide paid sick days to employees.  The legislation, which is expected to be passed shortly by the City Council, reflects a compromise between advocates for such legislation, opponents within the business community and Council … Continue Reading

Election Day 2009 — Voting Leave Laws

With Election Day approaching (November 3, 2009), employers are reminded to review their policies and practices regarding the provision of time off to vote.  Most states require employers to allow employees time to vote during the workday and, in some cases, to inform employees of their right to time off.  Sharing information with employees about … Continue Reading