March 17, 2022

Labor and Employment Newsletter

3 min


Don't Get Nailed: How General Contractors May Avoid Getting Hammered Under New York's Construction Wage Theft Law

As you know—in a move dramatically expanding wage liability for most construction contracts created or modified on or after January 4, 2022—the New York State legislature amended the Labor Law last year to hold a general contractor jointly and severally liable for wages that its subcontractors fail to pay to their employees and independent contractors. The legislature also added a new section to New York's General Business Law, which now allows general contractors to audit a subcontractor's payroll records, and to withhold payments owed to the subcontractor if records are not provided.

I Wonder as They Wander: Revisiting Remote Work Policies

As the pandemic appears to subside, employers are grappling with whether and how to maintain remote work. For some employers, this means revisiting their pre-pandemic remote work policy; for others this means deciding whether to keep remote work in any form at all. Either way, discussions around remote work are part of the "new normal," and employers should carefully consider their approach in light of market demands, company culture, and legal compliance.

Education Roundup: No-Poach Agreements: Compliance and Best Practices for Independent Schools

As we enter hiring season in a very tight job market, school administrators may feel tempted to reach an understanding with other school leaders not to recruit or hire employees from each other. The Department of Justice (DOJ) has been increasingly monitoring no-poach agreements, and recently stated that no-poach agreements may constitute a criminal antitrust violation. Unlike non-compete agreements, which are between employers and employees, a no-poach agreement is an agreement between employers not to solicit employees from one another. Independent schools should be mindful of increased scrutiny of these types of practices, especially in light of recent cases.

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.

Attorney Spotlight

What is one piece of advice or takeaway message that your clients should be aware of right now?

Jennifer Prozinski: During the pandemic many employers learned that business operations could be run effectively and efficiently with a fully remote workforce. As a result, some employers are considering implementing policies that would permit employees to work remotely on a permanent basis and/or under a hybrid model (e.g., 3 days per week remote and 2 days in the physical office). In making such decisions, employers should consider the impact that applicable state employment laws will have on the organization. Depending on the laws of the states in which the employees will be working remotely, an employer's current policies and practices may need to be significantly revised for compliance with applicable law.

About the Labor and Employment Group

The bicoastal, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.