Serving Management in Labor and Employment Matters for Over a Century
Experience. Dedication. Wisdom.
For more than a century, Clifton Budd & DeMaria has represented management in labor and employment law matters. We provide management with legal services related to all aspects of the employer-employee relationship. We are committed to providing the highest quality legal services to all clients. We work closely with them to help solve their problems and attain their business objectives.
Recent Developments
Employers May Begin Deductions for Paid Family Leave on July 1, 2017

Although New York’s requirement for employers to provide Paid Family Leave to their employees does not go into... More

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NEW YORK CITY BANS EMPLOYERS FROM ASKING APPLICANTS ABOUT THEIR SALARY HISTORY

On May 4th, New York City Mayor Bill de Blasio signed a law that will prohibit employers from... More

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Nationwide Injunction Blocks New Overtime Rule From Taking Effect; New York State Increases to Salary Threshold Loom

Last week, in an eagerly-awaited ruling, a Texas Federal Court issued a nationwide injunction that stops the Department of Labor’s widely publicized... More

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New Proposed Rules on ACA Opt-Out Payments

The IRS has issued proposed regulations that expand upon the treatment of cash incentives provided to an employee if he waives coverage... More

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U.S. Department of Labor Publishes New Overtime Rule

The United States Department of Labor issued its long-awaited rule increasing the minimum salary for overtime eligibility. Effective December 1, 2016, ... More

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New York State Enacts $15 Minimum Wage

New York Governor Andrew Cuomo recently signed into law a bill that gradually raises the minimum wage for many New York employers... More

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Strategy to Increase Maximum Contributions

For 2016, contributions to a stand-alone defined contribution plan are limited to $53,000 plus, in the case of a participant who reaches... More

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IRS Guidance on Unconditional Opt-Out Payments

Many employers offer employees a cash incentive (an "Opt-Out Payment"), if they waive coverage under the employer’s health... More

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Court Denies EEOC Challenge of Wellness Plan

The Affordable Care Act (ACA) brought an emphasis on wellness programs and promoted the involvement of employers in improving the health of... More

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NYC Issues Transgender Discrimination Guidance

On December 21, 2015, the New York City Commission on Human Rights, the agency that enforces New York City's Human Rights Law,... More

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ACA Reporting Requirements Postponed

The IRS recently issued IRS Notice 2016-4 which delays the deadlines for providing employees and the IRS information about employer-provided health coverage. ... More

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Are You Ready For 2016?

Constant vigilance is required for employers to avoid pitfalls arising from an ever-increasing number of employment laws and regulations. Year end is... More

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Ban-The-Box Law Takes Effect

Earlier this year, we informed you that New York City had approved legislation making it unlawful for an employer to make any... More

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NLRB Announces Monumental Change to Joint Employer Test

For the past three decades, employers have enjoyed the benefit of a relatively predictable and common sense standard for determining joint employer... More

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NYC Credit Check Law Takes Effect

Earlier this year, we wrote regarding an amendment to the New York City Human Rights Law that makes it unlawful for an... More

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NLRB Abandons 37 Years of Precedent Concerning Workplace Investigations

In 1978, the National Labor Relations Board (“NLRB”) established a rule that employers were not required to disclose, in response to a... More

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Supreme Court Upholds ACA Subsidies in Every State

The Supreme Court has recently upheld a critical aspect of the Affordable Care Act by holding that tax... More

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New York City to Limit Criminal Background Checks

The New York City Council recently voted to approve legislation that makes it unlawful for a covered employer or its agent to... More

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EEOC Releases Wellness Program Guidance

The Equal Employment Opportunity Commission recently published proposed regulations under the Americans with Disabilities Act ("ADA") that provide guidance ... More

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New York City Poised to Prohibit Employer Use of Credit Checks

The New York City Council recently voted to approve a bill that would amend the New York City Human Rights Law, making... More

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DOL Expands FMLA's Definition of "Spouse"

The U.S. Department of Labor announced that the definition of the term "spouse" under the Family and Medical Leave Act will change... More

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Cheers Without Fears: An Employer's Guide to Holiday Parties

As leaves begin to fall and word-a-day calendars grow thin, many employers begin plans for end-of-the-year holiday parties. Parties can be a... More

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NYC Employers Now Required to Notify of Pregnancy Rights

Last year, New York City amended its Human Rights Law to require most New York City employers to reasonably accommodate pregnant workers.... More

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ACA Pay-or-Play Mandate Eased for 2015

The IRS has issued final regulations on the Pay-or-Play Mandate, which requires certain employers to offer affordable health care coverage with minimum ... More

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Union-Free Employers Facing New Challenges

In years gone by, union organizing took on a familiar tone. Organizers distributing leaflets near parking lots. Employees discussing authorization cards ... More

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Expanded NYC Sick Leave Law to Cover All Employers

The New York City Council recently amended the Paid Sick Time Law. Mayor DeBlasio has expressed his support and is expected to... More

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Confidentiality Policies Continue to be Challenged

In recent years, the National Labor Relations Board (NLRB) and federal courts have ruled that employer confidentiality policies that prohibit employees ... More

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NYC Publishes Required Sick Leave Notices

We previously notified you that New York City had passed a law that requires New York City employers with five or more... More

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IRS Guidance: Same-Sex Spouses Under Retirement Plans

The IRS has recently issued guidance on the application of the Supreme Court’s decision in United States v. Windsor and Revenue Ruling... More

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Improper Commission Agreements Can Lead To Wage & Hour Liability

A recent New York Federal Court decision serves as a reminder for employers to make sure that their pay practices comply with... More

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CB&D Named a Top Law Firm

Clifton Budd & DeMaria is honored to announce that U.S. News and World Report has named the Firm to its "Best Law... More

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A $1.35 Million Error... Discrimination, In Reverse

When making employment decisions, seasoned human resources managers are well-versed in avoiding adverse actions based on "traditional" protected classes. ... More

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PCORI Fees Due by July 31, 2014

The ACA imposed a new fee, the Patient Centered Outcome Research Institute (PCORI) fee on health insurers for insured plans and plan... More

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Federal Courts Issue Conflicting Rulings on Affordable Care Act

Last week, two federal Courts issued conflicting rulings as to whether, under the Affordable Care Act ("ACA"), the IRS can authorize tax... More

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EEOC Finds FMLA-Compliant Policy Unlawful

HealthCare System recently settled a lawsuit brought by the U.S. Equal Employment Opportunity Commission alleging that its leave of absence policy violated ... More

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New Jersey Limits Criminal History Questions

Last week, New Jersey Governor Chris Christie signed legislation that will prohibit most New Jersey employers from asking about an applicant's criminal ... More

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NLRB and Unions Target Outside-the-Box Business Strategies

Increasing challenges and competition over recent years have led business owners to explore new opportunities in order to... More

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Workplace Tests and Assessment Procedures May Be Illegal

Employers often use tests and assessment procedures to screen individuals for hire and promotion. There are many different types of such tests... More

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NLRB Rules Employees Have The Right To Use Employer E-Mail Systems For Union Activity

In a decision published December 11, 2014 involving the Purple Communications Company, the National Labor Relations Board ruled that employees have a... More

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ACA Cadillac Tax: Essential Issue for 2015 Labor Contract Negotiations

As the Affordable Care Act (“ACA”) continues to be rolled out, a costly mandate looms on the not-so-distant horizon. Beginning in 2018,... More

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Abolishment of Annual Wage Theft Prevention Act Notice Appears Imminent

The New York State Assembly recently delivered a bill to Governor Cuomo amending the Wage Theft Prevention Act. The bill will, among... More

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Is It Time to Update Your Cafeteria Plan?

Employers who offer their employees the opportunity to pay their share of premiums for health coverage with pre-tax dollars must offer this... More

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