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Articles by Steven Balken
Supreme Court Expands FAA Transportation Worker Exemption
Executive Summary: On May 28, 2026, the U.S. Supreme Court issued a unanimous decision in Flowers Foods, Inc. v. Brock broadening the scope of the Federal Arbitration Act’s (FAA) transportation worker exemption under 9 U.S.C. § 1. The Court held that workers engaged in intrastate segments of interstate commerce, such as last-mile delivery drivers, can qualify for the exemption even if they do not cross state lines or interact with vehicles that do.
New York "Trapped At Work Act" Amended To Change Effective Date And Resolve Ambiguities
FH Ford & Harrison LLP More FordHarrison is a labor and employment firm with attorneys in 29 offices, including two affiliate firms. The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation. On February 13, 2026, New York Governor Hochul, signed amendments to New York's Trapped at Work Act into law. United States Employment and HR
New York "Trapped at Work Act" Amended to Change Effective Date and Resolve Ambiguities | JD Supra
On February 13, 2026, New York Governor Hochul, signed amendments to New York’s Trapped at Work Act into law. As discussed in our previous Alert, the Trapped at Work Act prohibits certain “stay or pay” agreements that require employees to repay their employer for training costs if the employee resigns before a specified period.
Are You Up To Date In 2026? Key Developments In New York Employment Law
FH Ford & Harrison LLP More FordHarrison is a labor and employment firm with attorneys in 29 offices, including two affiliate firms. The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation. This past year, New York lawmakers once again implemented new laws and imposed new legal obligations on employers.
Are You Up to Date in 2026? Key Developments in New York Employment Law | JD Supra
This past year, New York lawmakers once again implemented new laws and imposed new legal obligations on employers. Employers should ensure they are aware of and comply with these new legal developments: Increased Minimum Wage and Overtime Exemption Threshold. As of January 1, 2026, New York’s minimum wage increased to $17 per hour in New York City, Long Island, and Westchester, and increased to $16 per hour everywhere else in New York.
New York Employers Beware: Credit Checks Are Being Banned Statewide
FH Ford & Harrison LLP More FordHarrison is a labor and employment firm with attorneys in 29 offices, including two affiliate firms. The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation.
New York Employers Beware: Credit Checks Are Being Banned Statewide | JD Supra
Effective April 18, 2026, New York City’s ban on credit searches in connection with employment decisions will now apply to all employers in New York State, unless one of the narrowly construed exemptions applies. See New York State Senate Bill S3072. In adopting a state-wide ban on credit searches for employment purposes, New York State joins ten other states with similar state-wide bans (California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, and Washington).
New Paid Prenatal Leave Requirements For Employers In New York City
Real World Impact: Effective July 2, 2025, New York City's Department of Consumer and Worker Protection will amend its implementing rules to the City's Earned Safe and Sick Time Act to include the City's own version of New York State's paid prenatal leave ("PPL") obligations for employers. Much of the City's rules will merely duplicate the requirements already mandated by State law. However, employers should be aware that the City's version will impose some additional responsibilities.
New Paid Prenatal Leave Requirements for Employers in New York City | JD Supra
Real World Impact: Effective July 2, 2025, New York City’s Department of Consumer and Worker Protection will amend its implementing rules to the City’s Earned Safe and Sick Time Act to include the City’s own version of New York State’s paid prenatal leave (“PPL”) obligations for employers. Much of the City’s rules will merely duplicate the requirements already mandated by State law. However, employers should be aware that the City’s version will impose some additional responsibilities.
Liquidated Damages Now Unavailable In Certain New And Pending Payroll Frequency Lawsuits
Real World Impact: Many New York employers facing substantial liability arising from class actions alleging pay frequency violations of New York Labor Law Section 198 now have relief. Governor Hochul recently signed into law as part of a budget bill an amendment to the Labor Law that effectively eliminates the availability of liquidated damages against most employers that failed to pay their manual workers on a weekly basis.
Liquidated Damages Now Unavailable in Certain New and Pending Payroll Frequency Lawsuits | JD Supra
Real World Impact: Many New York employers facing substantial liability arising from class actions alleging pay frequency violations of New York Labor Law Section 198 now have relief. Governor Hochul recently signed into law as part of a budget bill an amendment to the Labor Law that effectively eliminates the availability of liquidated damages against most employers that failed to pay their manual workers on a weekly basis.
How Courts Have Analyzed Discrimination Claims After The U.S. Supreme Court's Decision In Muldrow v. City Of St. Louis, Missouri: What New York Employers Need To Know - Employee Benefits & Compensation - Employment and HR - United States
Real World Impact: In April, the Supreme Court issued a decision in Muldrow v. City of St. Louis, Missouri, lowering the standard that federal courts had applied for decades on discriminatory transfer claims under Title VII of the Civil Rights Act of 1964.
How Courts Have Analyzed Discrimination Claims after the U.S. Supreme Court's Decision in Muldrow v. City of St. Louis, Missouri: What New York Employers Need to Know | FordHarrison - JDSupra
Real World Impact: In April, the Supreme Court issued a decision in Muldrow v. City of St. Louis, Missouri, lowering the standard that federal courts had applied for decades on discriminatory transfer claims under Title VII of the Civil Rights Act of 1964.
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