Allyn & Fortuna LLPDiana Uhimov, May 15, 2017 On May 15, 2017, New York City’s “Freelance Isn’t Free Act” (FIFA), N.Y.C. Administrative Code §§ 20-927 et seq., went into effect, impacting companies that hire independent contractors in New York City (NYC). This is the country’s first law shielding freelancers from nonpayment and it is likely that similar laws will be passed in other states given trends in the workforce toward the “gig economy”. FIFA aims to protect freelancers from non-payment and employer retaliation for exercising their new rights. FIFA defines a…
Paula Lopez, November 22, 2016. On November 16, 2016, Mayor Bill de Blasio signed into law the “Freelance Isn’t Free Act,” which amends Title 10 of the N.Y.C. Administrative Code to provide certain protection to freelance workers. In passing this law, New York City is the first city in the country to enact legislation that affords protections to freelance workers. Proponents of the law note that independent contractors and freelance workers make up the fastest growing sector of the workforce and should have protections that ensure full and…
Diana Uhimov, February 13, 2015. Workplace relationships may be initiated at any time of the year, but the romantic theme of Valentine’s Day can lead to inappropriate behavior that employees might not otherwise engage in. That makes February an opportune time for companies to reevaluate their policies on office romance and harassment, and to remind employees of the rules. A recent survey by Career Builder found that 37% of workers have dated a coworker. But when intraoffice relationships sour, employers can be subjected to legal claims of discrimination…
Megan J. Muoio, May 21, 2014. Recent Supreme Court decisions and federal legislation have addressed the issue of when it is appropriate for employees to discuss pay and salary issues amongst themselves and what options, if any, do employers have to prevent disclosures made among employees. Many employers discourage or outright prohibit employees from disclosing or discussing pay and salary information. These prohibitions are often contained within employment handbooks or simply conveyed verbally to employees. However, despite their frequent use, pay and salary confidentiality rules have been prohibited…
Diana Uhimov, March 11, 2014. Early this month, a divided U.S. Supreme Court ruled that the whistleblower provision of the Sarbanes-Oxley Act of 2002 (SOX) protects employees of private contractors conducting work for publicly-traded companies in the same way as it protects the public company’s employees. The relevant part of the statute at issue states that “no public company … or any … contractor … of such company may [retaliate] against an employee … because of [SOX – protected activity].” The Court found that a plain reading of…