On May 7, 2024, the Federal Trade Commission (“FTC”) published its final rule (the “Rule”) broadly banning most noncompete provisions in employment-related agreements and preventing employers from enforcing them. The Rule...more
As the deadline for compliance approaches, all NYC employers are reminded of their obligation to prominently display, and distribute to employees, the “Workers’ Bill of Rights” poster, as mandated by a city law enacted in...more
The United States Department of Labor (the “DOL”) issued its final rule on April 23, 2024, increasing the minimum salary level for the so called “white collar” employees to be exempt from overtime pay under the Fair Labor...more
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a final rule that broadly bans the vast majority of employment related noncompete provisions. Specifically, the rule prohibits employers from...more
Recent and upcoming changes to federal regulations and New York laws make this the ideal time and opportunity for employers to review – and possibly change – worker classifications....more
Effective November 17, 2023, New York law was amended to void releases of discrimination, harassment and/or retaliation claims if the settlement agreement has certain common provisions regarding confidentiality,...more
Most employee confidentiality and similar agreements contain an assignment of invention provision. These typically provide that all employee inventions created during the employee’s employment are assigned to or owned by the...more
On July 5, 2023, New York City began enforcing NYC Local Law 2021/144 (the “Law”), which regulates employers’ use of automated employment decision tools (AEDTs) in screening candidates for employment or employees for...more
Following the Federal Trade Commission’s (FTC) proposed ban on noncompetes and the General Counsel of the National Labor Relations Board’s internal memo opining that most noncompetes violate the National Labor Relations Act,...more
New Jersey Governor Phil Murphy recently signed into law the “Temporary Workers’ Bill of Rights” (the “Law”), which provides significant rights and protections for temporary workers, and imposes burdensome obligations on the...more
The temporary flexibilities allowed by the U.S. Department of Homeland Security (DHS) with respect to the physical presence requirements of Form I-9 documentation will end as of July 31, 2023. Employers must complete...more
On May 26, 2023, Mayor Eric Adams signed a bill into law amending New York City’s anti-discrimination statute to include height and weight among the list of protected classes. Accordingly, employers will now have to consider...more
6/2/2023
/ Anti-Discrimination Policies ,
City of New York ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
New Regulations ,
Non-Discrimination Rules
The New York State Department of Labor (the “NYSDOL”) recently updated its Model Sexual Harassment Policy for all employers. The NYSDOL also released an updated model training slide presentation and training video. As a...more
5/11/2023
/ Anti-Harassment Policies ,
Employees ,
Employer Liability Issues ,
Gender-Based Violence ,
Labor Reform ,
New Regulations ,
New York ,
NYDOL ,
Policy Statement ,
Sexual Harassment ,
State Labor Laws
The National Labor Relations Board (the “Board”) recently held that that the “mere proffer” of severance agreements with boilerplate type confidentiality and nondisparagement provisions violate the National Labor Relations...more
3/9/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Severance Agreements
Despite the unprecedented and sweeping proposal by the Federal Trade Commission (the “FTC”) to ban post-employment noncompetes, employers should continue to look to applicable state law regarding drafting and enforcing...more
1/31/2023
/ Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Labor Regulations ,
Non-Compete Agreements ,
Proposed Rules ,
Regulatory Agenda ,
Restrictive Covenants