A bill headed to Governor Kathy Hochul for signature or veto would ban all non-competition covenants (“non-competes”) in the State of New York. Bill No. S3100A (the “Bill”) passed the State Senate on June 7, 2023, and the...more
The CARES Act represents the third Phase of Congressional relief responding to the novel coronavirus (COVID-19) pandemic. Phase I (Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (P.L. 116-123))...more
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act” or “Act”), enacted on March 27, 2020, has been the subject of government agency interim regulations and guidance. This updates the original BCLP post on the...more
The federal Families First Coronavirus Response Act (“FFCRA”), enacted March 18, 2020, and effective April 1, 2020, provides for two types of leave for employees of private employers with fewer than 500 employees: Paid Sick...more
On June 19, 2019, the New York Legislature voted to reform New York discrimination law. See NYS Assembly Bill No. A8421. Although Governor Andrew Cuomo is expected to sign the bill, as of August 7, 2019, it still has not...more
8/8/2019
/ Arbitration ,
Attorney's Fees ,
Confidentiality Agreements ,
Defense Strategies ,
Employer Liability Issues ,
Faragher/Ellerth defense ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
NYSHRL ,
Pending Legislation ,
Punitive Damages ,
Sexual Harassment ,
State and Local Government
In 2018, in response to the #MeToo and #TimesUp movements, New York State enacted laws to provide stronger protections against workplace sexual harassment, including mandating that New York employers have a complaint and...more
7/12/2019
/ #MeToo ,
#TimesUp ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Domestic Workers ,
Employer Liability Issues ,
Independent Contractors ,
New Legislation ,
NYCHRL ,
Pending Legislation ,
Protected Class ,
Sexual Harassment
The types of accommodations needed for nursing mothers is governed by state and municipal law, and, therefore, depends on where a company and its offices are based. New York provides a good example of the types of...more
In October 2018, the New York City Council passed two bills, Int. 879-2018 and Int. 905-2018, to supplement existing federal and state laws concerning lactation accommodation policies in the workplace. Currently, New York...more
On December 22, 2017, President Trump signed the bill popularly referred to as the “Tax Cuts and Jobs Act” (the “Act”) into law. The Act contains significant changes to Section 162(m) of the Internal Revenue Code that are...more
On January 22, 2018, the United States Supreme Court denied a petition for writ of certiorari in Spokeo v. Robins – bringing an end to an appellate saga that started in the Ninth Circuit Court of Appeals before heading up to...more
The recently enacted Tax Cuts and Jobs Act eliminated a business expense deduction for settlements of sexual harassment and sexual abuse claims that are subject to confidentiality restrictions. Specifically, a “settlement or...more
In mid-May, the New York Times published a long article reporting a national trend that employers are expanding both the number of employees who are required to sign non-competition agreements and the types of employees...more
New York City just passed landmark legislation to protect the wages of freelance workers, which goes into effect on May 15, 2017. Freelance work is on the rise. In 2015, freelancers made up approximately 16% of the nation’s...more
Election Day is less than a week away and employees may have begun already requesting time off to go to the polls. The law varies state-by-state for when employers must honor these requests and grant employees voting leave. ...more