LEGISLATION -
This year brings significant legislative updates recently passed in New York that may impact your business operations. Three of these laws, and a recent Court of Appeals decision, introduce important changes...more
On June 20, 2023, the New York Assembly passed a bill already passed by the Senate banning all post-employment noncompete agreements with workers. The bill is headed to Governor Kathy Hochul’s office for her approval....more
On May 26, 2023, New York City Mayor Eric Adams signed a bill that will prohibit discrimination based on an applicant or employee’s actual or perceived height or weight. This bill amends the New York City Human Rights Law by...more
Employers will not be able to take full advantage of the DOJ’s new program if their compensation systems do not permit clawbacks from wrongdoer employees. Companies should review their existing compensation systems and...more
Starting January 1, 2023, New York City employers that utilize artificial intelligence (“AI”) decision-making tools in their hiring practices will need to provide notice to applicants of the technology and conduct independent...more
As previewed in our April 5, 2022, client alert (New York Employers, Take Note! Two New Laws Effective in May | Blank Rome LLP), New York City has rolled back to November 1, 2022, the effective date of its amendment to the...more
New York businesses face not one, but two new laws which significantly impact employers and take effect next month. The first requires employers in New York City to provide salary ranges when advertising employment...more
New York City has issued the much-awaited guidance on its private-sector vaccine mandate. The mandate, which is scheduled to take effect on December 27, 2021, will apply to roughly 184,000 businesses in the City. There are...more
Outgoing New York City Mayor Bill de Blasio announced the country’s first vaccine mandate to apply to all private-sector workers. The mandate, which is scheduled to take effect on December 27, 2021, would apply to roughly...more
In Winegard v. Newsday LLC, U.S. District Judge Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (“ADA”) and granted Newsday’s...more
In Winegard v. Newsday LLC, No. 19-CV-04420(EK)(RER) (E.D.N.Y. August 16, 2021), the Honorable Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with...more
8/30/2021
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Dominos ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
On April 7, 2021, in Gil v. Winn-Dixie, Case No. 17-13467, the U.S. Court of Appeals for the Eleventh Circuit issued an important decision on whether Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101...more
While New York employers will likely face ongoing challenges in 2021 as the COVID-19 pandemic continues to disrupt business operations, they must also contend with a number of new and recently enacted employment laws. To help...more
1/12/2021
/ Coronavirus/COVID-19 ,
Drug Testing ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Minimum Wage ,
Salary/Wage History ,
Sick Leave ,
State Labor Laws ,
Tip Credit ,
Wage and Hour
The U.S. Equal Employment Opportunity Commission (“EEOC”) released updated guidance on December 16, 2020, to address the impact of COVID-19 vaccinations in the workplace. The guidance indicates that employers may require...more
12/21/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations
On October 2, 2020, Representatives Lou Correa (D-CA) and Ted Budd (R-NC) introduced a bipartisan bill titled the Online Accessibility Act, intended to curb predatory website accessibility lawsuits that accuse consumer-facing...more
New York City recently amended its Earned Safe and Sick Time Act (the “Act”) to match New York State’s recent changes to the Labor Law requiring all employers to provide sick leave to employees as discussed in our prior posts...more
New York State’s amendments to its Labor Law requiring all employers to provide sick leave to employees are effective on Wednesday, September 30, 2020. Signed into law by Governor Cuomo in April as part of the State Budget...more
Late last month, Governor Cuomo signed into law the State Budget (S7506B), which includes new paid and unpaid sick leave requirements for employers in New York State. The law requires that all employers provide workers with...more
Last week, a Southern District of New York judge held that retailers cannot be sued under Title III of the Americans with Disabilities Act (“ADA”) for not offering Braille gift cards. The Court’s thorough and well-reasoned...more
On Wednesday, March 18, 2020, Governor Cuomo signed Senate Bill 8091 (the “NY Act”) providing coronavirus COVID-19 relief for affected employees. Blank Rome’s Coronavirus Task Force covered the immediate enactment on our...more
Employers have been reeling over the past few weeks. As the coronavirus has spread, it has touched on all aspects of the employer-employee relationship. Stay-at-home orders; essential business designations; facility closures;...more
On Wednesday, Governor Cuomo signed into law a bill providing paid sick leave and job protections for employees in New York who are unable to work due to coronavirus COVID-19. The new law prohibits employers from terminating...more
A recent decision suggests that businesses should consider prominently displaying accessibility policies on their websites and inviting consumers to call or e-mail about specific accommodation inquiries. Such accessibility...more
An enterprising plaintiffs’ lawyer has recently advanced a new theory of claim against retailers, restaurants, and other merchants for alleged violations of Title III of the Americans with Disabilities Act (“ADA”)....more
The U.S. Department of Labor unveiled its final revisions to the Fair Labor Standards Act (“FLSA”) “white collar” exemption regulations on Tuesday, September 24, ultimately increasing the minimum salary threshold to be exempt...more