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2024 Brings Change for New York Employers

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

New York State Legislature Sends Broad Noncompete Ban to Governor’s Desk

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

A Tall Order: NYC Prohibits Height and Weight Discrimination in Employment

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

The DOJ’s Newest Pilot Program on Compensation and Clawbacks: Executives and Employees Should Reap What They Sow

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

NYC Employers Using AI for Screening Beware

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

New York City Clarifies Pay Transparency Timetable—Delays Effective Date

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 Employers, Take Note! Two New Laws Effective in May

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

“Key to NYC”: New York City Announces Vaccine Mandate Guidance

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

Moving the Needle: New York City to Mandate COVID Vaccines at All Private Employers

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

New York District Court Issues Important Opinion on the Inapplicability of Title III of the ADA to Consumer-Facing Websites

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

U.S. District Court for the Eastern District of New York Issues Important Opinion on the Inapplicability of Title III of the...

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

The Eleventh Circuit Issues Important Opinion on the Inapplicability of Title III of the Americans with Disabilities Act to...

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

New Year, New Legal Requirements for New York Employers

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

EEOC Releases New Guidance on Impact of COVID-19 Vaccinations

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

Proposed Bipartisan Legislation Introduced to Address Website Accessibility Lawsuits

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 Matches New York State’s Sick Leave Requirements, and Adds 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

Act Now! Changes to New York Sick Leave Are Here

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

Empire State Requires All Employers to Provide Sick Leave

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

Banana Republic’s Dismissal of ADA Gift Card Lawsuit Is a Victory for Business, but Suggests Importance of Properly Responding to...

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

Understanding Paid Sick Leave and Family Leave in New York Following the Enactment of Families First Coronavirus Response Act

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

COVID-19 Workplace Exposures: But What Do We Do When Employees Come Back?

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

New York Passes COVID-19 Relief for Affected Employees

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

Recent Dismissal of ADA Lawsuit Reinforces the Value of a Strong and Prominently Displayed Accessibility Policy

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

Merchants Beware: Several First-Of-Their-Kind Lawsuits Filed Alleging That Merchants’ Failure to Sell Gift Cards with Braille...

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

Department of Labor Expands Eligibility for Overtime Pay to Estimated 1.3 Million Workers

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

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