Articles by Seth Kaufman
NY Hits Play While NLRB on Pause: Inside the State’s New Labor Bill | JD Supra
Recent uncertainty at the federal level involving labor relations disputes has prompted states to take action, particularly since the National Labor Relations Board (NLRB) currently has too many vacancies to issue decisions. Indeed, New York just became the latest state to pass a bill that could expand its authority to oversee labor disputes in the private sector – but it will almost certainly face legal challenges.
SCOTUS Makes It Harder for Plaintiffs to Recover Attorney’s Fees: How a Driver’s License Case Could Impact Employers | JD Supra
A recent Supreme Court ruling could impact your business by limiting when you must pay fees in employment litigation or when you may recover fees after challenging state regulations in court. In the Lackey v.
SCOTUS Predictions: Supreme Court Will Make It Harder for Plaintiffs to Recover Attorney’s Fees in Civil Rights Actions and Beyond | JD Supra
The Supreme Court will soon decide whether obtaining a preliminary injunction is sufficient to qualify as a “prevailing party” in order to recover attorney’s fees in certain civil rights actions – and we predict the Court will rule that obtaining a preliminary injunction, without a final determination from the court, is insufficient. While Lackey v.
Hospitality Industry Braces for NYC’s Safe Hotels Act: Top Things Employers Need to Know About What Could Become a Nationwide Trend | JD Supra
New rules regulating hotels in NYC will likely take effect next May if Mayor Adams soon signs the Safe Hotels Act, which the City Council just passed by an overwhelming majority on October 23. NYC lawmakers are aiming to address safety concerns regarding human trafficking, crime, and cleanliness — but the act goes far beyond simply addressing these straightforward concerns, placing restrictions on how hotels operate as a whole and seemingly trying to encourage unionization.
Yet Another SCOTUS Decision Will Allow Employers to Challenge Federal Regulations More Easily: 5 Steps to Plan for the New Future | JD Supra
All eyes were on the Supreme Court’s decision to overturn a decades-old legal doctrine and redefine the balance of power between federal agencies and courts, but the Court also snuck in another ruling that will allow employers to challenge federal rules long after they are finalized.
3 Wage And Hour Tips For A Post-Chevron World
By Seth Kaufman and Matthew Horn (June 4, 2024, 5:28 PM EDT) -- Perhaps no area of workplace law is more heavily regulated than federal wage and hour law.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
3 Wage And Hour Tips For A Post-Chevron World
3 Wage And Hour Tips For A Post-Chevron World By Seth Kaufman and Matthew Horn · June 4, 2024, 5:28 PM EDT Perhaps no area of workplace law is more heavily regulated than federal wage and hour law.... To view the full article, register now.
Are Your Student-Athletes Employees? NLRB Regional Director Says So | JD Supra
A National Labor Relations Board Regional Director recently ruled that non-scholarship college basketball players are “employees” under federal labor law, setting the table for a potential seismic shift in the way your institution interacts with student-athletes. This decision – which is subject to review by the NLRB – could expand the definition of “employment” under the National Labor Relations Act (NLRA) further than ever before.
Colorado and Washington Likely to Join Growing List of States Banning Captive Audience Meetings: 5 Steps Employers Can Take to Comply | JD Supra
Colorado and Washington will likely become the latest states to ban employers from holding mandatory meetings with employees concerning religious or political matters. Such employer-sponsored meetings, known as “captive audience meetings,” require employee attendance under threat of discharge, discipline, or some other penalty, and concern religious or political matters – including whether employees should join a union.
10 Things New York Businesses Need to Know About New Freelancer Protection Law | JD Supra
A recently signed state law will soon protect New York freelance and contract workers from wage theft and delayed payments – and require businesses to put certain terms in writing. Businesses across the state will need to comply with the Freelance Isn’t Free Act by May 20, so it’s a good idea to start planning now. What are the 10 things your business needs to know about this impending new law – and what should you do to prepare?
New York, Maine and Minnesota Ban Captive Audience Meetings
Effective Aug. 1, Minnesota now prohibits employers from holding captive audience meetings - that is, requiring, under threat of discharge, discipline, or some other penalty, employee attendance or participation in employer-sponsored meetings or otherwise requiring them to listen or receive communications regarding employer opinions on religious or political matters.
New York, Minnesota, and Maine Ban “Captive Audience Meetings” – But the Fight is Just Beginning | JD Supra
Effective August 1, Minnesota now prohibits employers from “captive audience meetings” – that is, requiring, under threat of discharge, discipline, or some other penalty, employee attendance or participation in employer-sponsored meetings or otherwise requiring them to listen or receive communications regarding employer opinions on “religious” or “political” matters.
A First of Its Kind: Manhattan D.A.’s “Worker Protection Unit” Raises Many Questions for Employers | JD Supra
Manhattan District Attorney Alvin Bragg Jr. recently announced a new prosecutorial branch tasked with investigating and prosecuting wage theft and other forms of worker harassment and exploitation throughout the borough. The Worker Protection Unit, announced on February 16, will serve as part of a broader effort from the D.A.’s office to hold corporations accountable for workplace wrongdoing.
Achieving the New York Dream – 4 Key Workplace Initiatives in Governor Hochul’s State of the State Address | JD Supra
New York Governor Kathy Hochul recently delivered her second State of the State address – her first as an elected governor – and managed to provide insight on a few key areas of workplace law that will affect New York employers in the year and years ahead.
Sellers Beware: NLRB Expands Employer Requirements to Provide Sales Agreement to Union | JD Supra
November 18, 2022 To embed, copy and paste the code into your website or blog: In a recent decision, the National Labor Relations Board gave unions greater access to sales agreements under the employer’s duty to provide relevant information so as to meaningfully engage in effects bargaining.
NYC Fast Food Employers Back in the Spotlight: More Amendments to the City’s Fair Workweek Law Coming Your Way | JD Supra
It is looking increasingly likely that fast food employers in New York City will have to deal with troubling new workplace regulations in the near future, including the prospect of increased penalties for violations, additional employee training requirements, and the threat of revoked business permits.
The Female Quixote and Me
“I do not deny that what happened to us is a thing worth laughing at.” —Don Quixote Two days before the publication of my comic novel, The Seductive Lady Vanessa of Manhattanshire, I learned the setup driving the entire book had already been used by another writer—270 years ago. That meant my book, which recasts Don Quixote as a hoop-skirted, romance-novel-besotted woman questing for love in contemporary New York, was not quite as original an act of plagiarism as I had thought.
Top 5 Surprises for NYC Fast Food Employers in Finalized Fair Workweek Law Rules | JD Supra
New York City workplace regulators just finalized rules for New York City’s Fair Workweek and just cause laws for fast food workers – and there are some changes from the initial proposals that may come as a surprise to unsuspecting employers.
In the Name of Love: How A Punk Rock God Snuck Into My Romance Novel
I was getting nervous. A major moment for any romance writer was bearing down on me: I was about to introduce the love interest for one of my two heroines and I needed to name him. And that’s when I realized I had screwed up. As a rule, romance novel leading men need a great, or at least good, name. Would a Mr. Darcy be as suitable a catch if Jane Austen had called him Mr. Tuttlebert? Would Christian Grey have the same allure if E.L. James had dubbed him Melvin Wheeze?
NYC Set to Finalize New Regulations to Further Complicate Fast Food Workplaces | JD Supra
New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense penalties for violations.
Top 6 Workplace Law Proposals Raised During Governor Hochul’s 2022 New York State of State Address | JD Supra
Although New York Governor Hochul’s first State of the State address focused on efforts to emerge from the COVID-19 pandemic, she still managed to provide insight on a few key areas of labor and employment law that will affect New York employers in the coming year.
As a CEO, my strength as a leader comes from a position of vulnerability
By Seth Kaufman 7 minute Read Early in my career, during my time at PepsiCo, I had an amazing mentor, Al Carey.
2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage Claims | JD Supra
The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period for willful violations of the Fair Labor Standards Act (FLSA).
New York Department of Labor Releases Paid Leave Guidance for COVID-19 Vaccinations | JD Supra
New York State recently granted both private and public employees up to four hours of paid leave per injection to receive the COVID-19 vaccine. While the basics of the leave were outlined in newly added New York Labor Law sections (Section 196-C for private businesses and Section 159-C for public employers), many questions concerning the implementation of this benefit were left unanswered.
How to Teach Your Kids Good Savings Habits
Money blogger and life-skills instructor Nicole McDonald is a firm believer in teaching financial awareness to kids at an early age. And with three children—ages 7, 9 and 12—she has no shortage of lessons to teach, especially since each of her children started getting an allowance at age 5. “I’ve been pretty open with my kids about money and money management,” McDonald says. “I give them money to spend on things because they want stuff.
New York Legislature Passes Bill Granting Paid Leave For Employees Receiving COVID-19 Vaccine | JD Supra
New York employees are likely to soon receive paid leave to take their COVID-19 vaccination. One month after the New York State Assembly passed the bill, the New York State Senate unanimously voted 62-0 on March 1 to grant both private and public employees up to four hours of paid leave per injection to receive the COVID-19 vaccine.
How Bucketing Can Help You Save More
If you feel like you’re trying to save diligently, but your money is constantly being pulled in different directions, a savings strategy called bucketing may help you. Bucketing is a goal-oriented method in which you segment the money you are saving into separate accounts, each one earmarked for specific purposes. The system can help you to divide your savings for both short- and long-term goals.
Getting to the Next Level with a CD Ladder
As an investment option, the CD, or certificate of deposit, which yields a guaranteed rate during a fixed term, is typically among the highest-yielding FDIC-insured vehicles available to savers. But those yields come with certain restrictions. They require you to keep your money deposited for a fixed length of time, typically between six and 60 months. The best CD interest rates typically come with longer durations.
Career Advice from Fashion Powerhouse Judy Eigen
Judy Eigen knew firsthand that the garment industry was a woman-focused but male-dominated business. Her father, Morris, made a living by creating knockoffs of Parisian fashion lines for a New York-based clothing chain. Yet, despite the personal connection, Eigen never expected to work in the so-called “rag trade.” And she certainly never expected to revolutionize the women’s fashion market.
What Work-Life Balance Looks Like in a Tech Career
For startup advisor and investor Marc Parrish, the quest to strike a fulfilling work-life balance started with his very first job. He’s now based in San Francisco, where he works with marketing automation startups like Braze and Appfluence, but that isn’t where he started. Marc Parrish Parish says he got “the ultimate corporate gig” right out of engineering school: working for a consulting firm.
5 Ways to Tackle Soaring College Costs
MONEY MATTERS SAVING & SPENDING By Seth Kaufman PUBLISHED August 07 | 4 MINUTE READ A college education can pay off-many college graduates see increased lifetime earnings and a greater variety of life choices. But college is expensive. According to the College Board, for the 2018-2019 academic year, a realistic budget for a year at a out of state public school is $37,400, $21,370 for in state public school, and 48,510 for private colleges. What can you do to afford it?
Keep Your Money Safe and Secure while Banking Online
MONEY MATTERS SAVING & SPENDING By Seth Kaufman PUBLISHED January 09 | 3 MINUTE READ Online banking is fast and hassle-free. But whether you log on to the digital version of a brick-and-mortar bank or use a modern, online-only bank, protecting your account information is essential. Here are 10 tips for keeping your bank account secure. This infographic is titled "Keeping Your Money Safe and Secure While Banking Online." 1. Sign in securely.
10 Steps to Improve Your Credit Now
MONEY MATTERS SAVING & SPENDING By Seth Kaufman PUBLISHED July 25 | 7 MINUTE READ Whether you’re buying a home, leasing a car or applying for a personal loan, your credit score matters. Lenders check your score—a three-digit number based largely on your bill-paying history and the amount of debt you carry—to determine your creditworthiness. A high credit score means you will likely qualify for a loan or credit card. A low score, however, can complicate things.
Here’s Why Cashing Out Isn’t Free
When money gets tight, it can be tempting to ease the pressure by pulling funds from your 401(k) or IRA, taking out a line of home equity or tapping into your pension. But keep one thing in mind: These should all be part of your long-term savings plan, meaning that they’re investments in your future and retirement. So, before you deplete any of these sources, it’s a good idea to evaluate the complex pros and cons of withdrawals in order to avoid costly missteps. Here’s how.
Talking to Your College-Bound Kid about What that “Dream School” Costs
By Seth Kaufman PUBLISHED May 09 | 8 MINUTE READ For many families with college-bound high school students, defining what a “dream school” means taking a close look at campus life, curriculum, academic culture, career-building opportunities, location and the school’s reputation. But one essential factor often goes unmentioned in family conversations, and it’s a big one: cost. I have personally survived the stress fest known as the college admissions process for two of my kids.
Explaining Money Problems to Your Kids
It can happen so quickly. The office has a round of layoffs, or an illness strikes out of nowhere, and suddenly even the most fiscally responsible family can find itself facing dramatic lifestyle changes. Financial reversals create stress for everyone in a family, especially if they come with changes such as relocating for a new job, canceling vacation plans or having a stay-at-home parent return to work.
Sleep Well During Stormy Markets
Volatile stock markets can turn the most level-headed person into a jittery, insomnia-plagued mess. But just because the markets are unstable doesn’t mean your investment strategy should be, too. So it’s essential to fight the urge to make impulsive decisions. Trying to recover losses by timing the market for a big score is not something investment professionals recommend. And putting your cash under a mattress isn’t the way to go, either.
Making the Most of Dual Income, No Kids
MONEY MATTERS SAVING & SPENDING By Seth Kaufman PUBLISHED June 11 | 5 MINUTE READ As acronyms go, DINKS—dual income, no kids—may sound a little belittling. But there is nothing dinky about the savings potential for couples who don’t have to plan for the costs of raising a family. The fact is, whether you’re a couple planning to have kids in the near future or lovebirds determined to remain a duo, DINK status provides a huge opportunity to build savings.
New York City Passes “Just Cause” Legislation For The Fast Food Industry, Greatly Increasing Workplace Protections For Employees | JD Supra
The New York City Council just passed two bills (Int. 1396-A and 1415-A) that limit when a fast food employer can discharge fast food employees, only permitting terminations for “just cause” or for a “bona fide economic reason” – both of which the employer must prove if challenged.
Stealth War: How China Took Over While America's Elite Slept: Spalding, Robert: 9780593084342: Books
5.0 out of 5 stars A soldier’s call to wake and unite us to protect our freedom To be more precise, the book is about how the Communist Party of China (CCP) took over while America’s elite slept. Let’s state some facts about the CCP first: • Fifty to one hundred million people perished under its 70-year rule. • It claimed to be anti-dictatorship and pro-democracy while fighting for power in the 1940s, but produced the most brutal dictator and ruthless regime soon after it took over China.
What New York Employers Need To Know About Sick Leave: FAQs About The State’s Impending New Law | JD Supra
With January 1, 2021 quickly approaching, it’s crunch time for New York employers to prepare to comply with the new statewide sick leave law. New York employers have been grappling with questions surrounding the New York Paid Sick Leave law (NYPSL) since the legislation was enacted in April. So far, guidance from the state has been limited, and comes in the form of a new New York State sick leave website and proposed regulations released on December 2, 2020.
New York Considering Gig Worker Protection Law
New York lawmakers just introduced the “Dependent Worker Act” into the Assembly and Senate this past week, which proposes to provide workers in the gig economy with certain rights that previously were only available to “employees.” However, just as quickly as the bill was introduced, the bill’s sponsor delayed consideration of the bill until the next legislative session amid criticism that the bill was rushed, poorly drafted, and did not go far enough in protecting gig economy workers.
Class/Collective Actions: Under-the-Radar Steps for Success
The possibility of a wage and hour class/collective action is a risk that truly keeps in-house counsel up at night. These cases present unique issues that aren’t typically present in run-of-the-mill, single-plaintiff cases—much higher defense costs, exclusion of wage and hour cases from most insurance policies, large scale disruption across the company, and considerable potential liability. This anxiety will only increase given the upheaval to businesses caused by the COVID-19 pandemic.
Federal Appeals Court Rejects Narrow View of the Fluctuating Workweek | JD Supra
Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued a decision in Thomas v. Bed Bath & Beyond Inc. rejecting a narrow view of the FWW.
New York Begins to “Unpause”: What Businesses Need to Know to Move “New York Forward” | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New York City Forms Response Team To Combat Asian-American Discrimination In Response To COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Gig Economy Changes In New York Placed On Hold By COVID-19 Crisis | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New York Announces COVID-19 Protections For Employees | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
‘Sammy the Bull’ Gravano Has a Few Goddamn Thoughts About The Irishman
Gravano in 1993. Photo: Jeffrey Markowitz/Sygma via Getty Images Inevitably, when a movie is based on actual events in living memory, viewers start to ask questions about the veracity of what they just watched. That’s particularly true of Martin Scorsese’s The Irishman, which deals with the mystery behind vanished Teamsters chief Jimmy Hoffa, because generally accepted mob history seems to have been rewritten to place obscure gangsters at the center of the action.
NY Governor Aims To Expand Workplace Laws In 2020 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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