On January 10, 2024, the U.S. Department of Labor (the DOL) published its Final Rule significantly changing the existing standard for the independent contractor classification under the Fair Labor Standards Act. This Final...more
Lawmakers nationwide are increasing efforts to comprehend and control employers’ use of Artificial Intelligence (AI). Sens. Bob Casey (D-PA) and Brian Schatz (D-HI) introduced the “No Robot Bosses Act” (the Bill) on July 20,...more
The New York State Department of Labor (NYS DOL) amended its Worker Adjustment and Retraining Act (NY WARN) regulations, which took effect on June 21, 2023. Both NY WARN and its federal counterpart require covered businesses...more
8/4/2023
/ Amended Regulation ,
Business Closures ,
Compliance ,
Covered Business ,
Covered Employer ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Layoff Notices ,
Layoffs ,
New York ,
Notice Requirements ,
NYDOL ,
State Labor Laws ,
WARN Act
New York is poised to become the fifth state in the nation to impose a complete ban on employment-related noncompete agreements, joining California, Oklahoma, North Dakota, and most recently, Minnesota.
On June 20, 2023,...more
Our latest briefing dives into new local laws about AI and how it affects both employment and insurance industries, the launch of NIST’s Trustworthy & Responsible Artificial Intelligence Resource Center and the plans for it...more
On March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance about the Board’s McLaren Macomb decision from earlier this year. The guidance made clear...more
The decision of the National Labor Relations Board (the Board) in McLaren Macomb, 372 NLRB No. 58 ( Feb. 21, 2023), reinstates a limit on the confidentiality, non-disclosure, and non-disparagement clauses that employers may...more
The New York City Department of Consumer and Worker Protection (DCWP) announced that it will not start enforcing the law regulating automated employment decision tools until at least April 15, 2023. Local Law 144 of 2021 was...more
On October 31, 2022, the General Counsel for the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued a memorandum instructing regional offices to closely scrutinize employer use of certain electronic monitoring,...more
Our latest briefing explores the recent FTC commercial surveillance and data security forum (including discussion on widespread use of AI and algorithms in advertising), California’s inquiry into potentially discriminatory...more
Employers face new challenges in navigating state and local pay equity laws. New York City joins a number of other jurisdictions that now require employers to disclose pay ranges when advertising job postings – including for...more
4/12/2022
/ Compensation ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
Legislative Agendas ,
Pay Equity Laws ,
Pay Transparency ,
Proposed Amendments ,
Proposed Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On March 30, 2022, a panel in the Third Circuit Court of Appeals overruled nearly 30-year-old precedent and held that arbitration provisions do not survive the expiration of a collective bargaining agreement (CBA) in...more
On March 3, 2022, President Joe Biden signed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the Act) into law. Upon signing the bill, which had bipartisan Congressional support, President...more
As more organizations use artificial intelligence and algorithms to drive decision-making processes, policymakers are beginning to address concerns about these tools — including their lack of transparency and potential for...more
On January 13, 2022, the U.S. Supreme Court issued two significant opinions: In Nat’l Fed. of Independent Business v. Occupational Safety and Health Administration, the Supreme Court stayed enforcement of the Occupational...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
The Occupational Safety and Health Administration (OSHA) on November 4, 2021, issued its Emergency Temporary Standard (ETS), requiring all employers with 100 or more employees to choose between (1) implementing a mandatory...more
On November 10, 2021, the National Labor Relations Board’s (NLRB) General Counsel’s office released Memorandum OM 22-03 regarding bargaining obligations arising from the Occupational Safety and Health Administration’s (OSHA)...more
Today, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) that requires employers with 100 or more employees to ensure that their employees who report to a workplace are...more
The New York City Council has passed two bills that limit employers’ ability to discharge employees in the quick-service restaurant industry. In an expansion of the Fair Workweek Law, the new legislation permits employers to...more
The Coronavirus pandemic business closings started in mid-March by orders of the governors of many states. Some closings were a consequence of customer demand suddenly drying up. It has now been over two months since some of...more
In recent days, manufacturers, hospitality providers, major retail chains and other employers have been reducing hours/pay or closing employment sites in response to the COVID-19 (coronavirus) pandemic. For many employers,...more
In an important decision, the U.S. First Circuit Court of Appeals recently ruled that two separate but related private equity funds – Sun Capital Partners III and Sun Capital Partners IV – are not jointly and severally liable...more
12/3/2019
/ Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Investment Management ,
Joint and Several Liability ,
Partnership-in-Fact ,
Pension Funds ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Private Equity Funds ,
Sun Capital Partners ,
Withdrawal Liability