On May 9, 2025, Governor Kathy Hochul signed into law significant amendments to the New York labor law, providing relief to employers in connection with frequency-of-pay violations. Previously, New York employers who failed...more
5/30/2025
/ Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Legislative Agendas ,
Liquidated Damages ,
New Legislation ,
New York ,
Penalties ,
Regulatory Reform ,
State Labor Laws ,
Wage and Hour
On March 25, 2025, the U.S. Court of Appeals for the Second Circuit clarified and potentially broadened the scope of an employer’s responsibility to offer reasonable accommodations under the Americans with Disabilities Act...more
Last year, Governor Kathy Hochul signed into law the Retail Worker Safety Act (Act), one of the most extensive retail workplace violence prevention laws in the nation. Following an enforcement delay due to a February 2025...more
4/11/2025
/ Covered Employer ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employer Responsibilities ,
New Legislation ,
New York ,
Notice Requirements ,
Regulatory Requirements ,
Retail Workers ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence Prevention Programs
On January 21, 2025, President Donald Trump issued an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO) that takes aim at employment diversity, equity, and inclusion (DEI)...more
On November 15, 2024, a Texas district court vacated, on a nationwide basis, a U.S. Department of Labor (DOL) rule that increased the salary thresholds applicable to the Fair Labor Standards Act’s (FLSA) “white collar” and...more
12/2/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On October 16, 2024, the U.S. Department of Labor (DOL) published new guidance on the use of artificial intelligence (AI) in the workplace (the AI Guidance).
The AI Guidance is the most recent in a spate of federal, state,...more
Effective August 28, 2024, companies that engage independent contractors in the state of New York must now comply with New York’s “Freelance Isn’t Free” Act (the Act), a statute that imposes a range of new requirements...more
On August 20, 2024, a Texas district court issued a decision blocking a Federal Trade Commission (FTC) Rule, which would have banned employment-related noncompete agreements....more
9/3/2024
/ Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair or Deceptive Trade Practices
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its new Enforcement Guidance on Harassment in the Workplace (the Guidance), the first update to its Guidance in over 20 years. Among the many...more
6/28/2024
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
The recent passage of the New York state budget brought with it a range of employment-related developments, as well as the notable omission of an expected change...more
The U.S. Securities and Exchange Commission (SEC) has signaled that it will take aggressive action against employers who, by way of employment-related agreements, restrict, prohibit, or otherwise discourage employees from...more
On January 10, 2024, the U.S. Department of Labor (DOL) published a Final Rule revising its prior guidance on how to determine whether an individual may properly be classified as an independent contractor under the Fair Labor...more
On September 15, 2023, New York Governor Kathy Hochul signed into law Senate Bill 5640, which adds Section 203-f to the New York Labor Law. Section 203-f creates statutory limitations on an employer's use of invention...more
Beginning January 1, 2024, the state minimum wage in New York will increase. Subject to limited exceptions, it will then continue to increase annually thereafter. By way of example, effective January 1, 2024, the hourly...more
While generative artificial intelligence (AI) programs can allow employees to complete certain tasks more efficiently, they can also raise concerns regarding copyright infringement, plagiarism, and data privacy, among others....more
New York Governor Kathy Hochul signed into law bill A.836 on September 14, 2023, prohibiting employers from requesting or requiring employees or job applicants to disclose the login credentials for their personal social media...more
9/29/2023
/ Disclosure ,
Employees ,
Employer Liability Issues ,
Job Applicants ,
Labor Regulations ,
New Legislation ,
New York ,
Social Media ,
State and Local Government ,
State Bans ,
State Labor Laws
On September 14, 2023, New York Governor Kathy Hochul signed into law a bill prohibiting employers from requesting or requiring that employees or job applicants disclose the log-in credentials for their personal social media...more
On June 16, 2023, the National Labor Relations Board issued a decision reinstating an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act....more
On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina that the race-conscious admission...more
7/28/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
On June 20, 2023, the New York State Legislature passed a bill which, if signed by Governor Kathy Hochul, will impose a blanket ban on—and render unlawful—all future noncompete agreements in New York. As explained more fully...more
6/28/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Legislative Agendas ,
New Legislation ,
New York ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Legislatures
The New York State Assembly passed a bill on June 20, 2023, which, if signed by New York Governor Kathy Hochul, will impose a blanket ban on—and render unlawful—all future noncompete agreements. New York’s proposed law is the...more
6/23/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Labor Regulations ,
New Legislation ,
New York ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Labor Laws
On May 11, 2023, the New York City Council passed a bill to add height and weight to the list of protected characteristics under the New York City Human Rights Law (NYCHRL). If enacted, employers will, subject to limited...more
On April 5, 2023, New York City published final rules for Local Law 144, which prohibits employers from using automated employment decision tools (AEDTs) to screen job candidates unless certain bias audit and notice...more
On March 3, 2023, New York Governor Kathy Hochul signed into law an amendment to New York State’s pending Pay Transparency Law, which will become effective on September 17, 2023. As previously reported, the Pay Transparency...more
New York State Governor Kathy Hochul signed an amendment to the New York State Pay Transparency Law (NYSPTL) on March 3, 2023. The law, which Governor Hochul first signed on December 21, 2022, requires employers to list...more