Insights

New York – May 29, 2019: Eric Su has joined Crowell & Moring’s New York office as a partner in its Labor & Employment Group, bringing more than two decades of experience representing management in all aspects of labor and employment law.

On March 1, 2024, the New York City Department of Consumer and Worker Protection (“DCWP”) published a Workers’ Bill of Rights, which was developed in collaboration with the Mayor’s Office of Immigrant Affairs, the New York City Commission on Human Rights, and community and labor organizations in accordance with Local Law 161.  By July 1, 2024, all New York City employers are required to post prominently in the workplace the “Know Your Rights At Work” poster, which contains a scannable QR code linked to the DCWP website containing the Workers’ Bill of Rights.  Employers are also required to distribute a copy to each employee, and to provide every new hire with a copy on or before their first day of work.  Employers must also post it on their intranet or mobile app if they offer one for employees to use. 

Crowell & Moring previously reported that new paid leave laws would be in effect at the start of 2024 in Chicago and Illinois. (For more information, see Crowell & Moring’s December 1, 2023 Alert, “New Year Will Bring Changes to Paid Leave in Illinois and Chicago”). The Chicago City Council has now amended its Paid Leave and Paid Sick and Safe Leave Substitute Ordinance (“Amended Chicago Ordinance”), making a number of changes, including delaying the effective date to July 1, 2024. Cook County also followed suit, acting to bring its laws in line with the new Illinois and Chicago paid leave requirements, with the passage of the Cook County Paid Leave Ordinance (“Cook County Ordinance”) at the end of last year.  

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule on Employee or Independent Contractor Classification under the Fair Labor Standards Act (“FLSA”). Crowell & Moring previously reported on the proposed rule announced on October 11, 2022. The final rule rescinds the “core factors” independent contractor rule adopted by the Trump administration in 2021 and returns to a “totality of the circumstances” analysis for determining whether a worker is properly classified as an employee or independent contractor. According to the DOL, the new final rule institutes an analysis that better aligns with judicial precedent and the FLSA’s text and purpose. The final rule goes into effect on March 11, 2024.

Crowell & Moring partners Toni Jackson and Eric Su to present at the 16th Annual ABA Section of  Labor & Employment Law conference in Washington, DC. 

Over the past few years, criminal and civil government agencies engaged in increased enforcement efforts around the Home Health Industry. These efforts show no sign of slowing, and are focused on Wage Parity Act compliance. The federal, state, and local enforcement agencies scrutinizing Home Health Industry employers and fiscal intermediaries include the United States Attorney’s Office for the Eastern District of New York; the United States Department of Labor; the New York State Attorney General’s Office, the Office of Medicaid Inspector General, and the New York City Department of Consumer Affairs. 

Please join us for the next edition of Third Thursday – Crowell & Moring’s Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law and emerging compliance issues.

Please join us on Wednesday, January 11, 2023 for a complimentary one-hour webinar addressing several of the most important requirements for earning enhanced tax credits under the IRA. 

This special edition of the Fastest 5 Minutes podcast covers recent developments related to the Infrastructure Bill and Inflation Reduction Act, and key areas to watch in 2023. The podcast features a cross practice team of Crowell partners, so we offer perspectives from tax, energy, labor and employment, government contracts, ESG, environmental, and government affairs. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

In part one of this two-part series on what providers should know about COVID-19, hosts Payal Nanavati and Joe Records discuss labor and employment issues with Eric Su. This episode touches on health care providers’ obligations as employers and some best practices for handling this pandemic.