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 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 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 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 February 21, 2023, the National Labor Relations Board (NLRB or the Board) issued a significant decision that dramatically affects employers’ ability to include nondisparagement and confidentiality provisions in separation...more
3/1/2023
/ Confidentiality Agreements ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
NLRB ,
Non-Disparagement Provisions ,
Severance Agreements ,
Unions
The National Labor Relations Board (NLRB) recently released a Notice of Proposed Rulemaking (Proposed Rule) which, if adopted, would establish a new “joint employer” legal standard under the National Labor Relations Act...more
Employers who do not sponsor a qualified retirement plan, such as a 401(k) plan, and have at least five employees in California must be sure to promptly enroll in California’s CalSavers program....more
New York City’s Department of Consumer and Worker Protection (DCWP) has actively stepped up enforcement of the city’s worker protection laws, including the Fair Workweek Law (FWL) and Paid Safe and Sick Leave Law (PSSL)...more
On June 2, 2022, the New York State Legislature passed the Freelance Isn’t Free Act (Act). Largely patterned after New York City’s own, identically named law, the Act would amend the New York Labor Law to specify, among other...more
Employers throughout New York state may soon be required to include salary ranges in job postings, as well as promotion and transfer opportunities. On June 3, 2022, following in the footsteps of New York City’s recent salary...more
6/29/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Minimum Salary ,
New York ,
Pay Transparency ,
Salary/Wage History ,
State and Local Government ,
Wage and Hour
Adding to a growing list that already includes Massachusetts, D.C., California, and Illinois, in May 2022, several more states took steps to enact legislation to limit employers’ ability to use non-compete and other...more
Effective January 1, 2023, employers with New York City employees will be restricted in their use of artificial intelligence (AI) tools in recruiting and hiring employees and making other employment-related decisions....more
4/29/2022
/ Artificial Intelligence ,
Audits ,
Bias ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Job Promotions ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Technology Sector
Updates Effective May 15, 2022, New York City will join a growing list of jurisdictions requiring pay transparency in job opening advertisements. Specifically, as of May 15, New York City employers must state a job position’s...more
Further to New York City Mayor Bill DeBlasio’s December 6, 2021 announcement, the New York City Department of Health has now released detailed guidance regarding the vaccine mandate for private employers. Specifically,...more
12/20/2021
/ Coronavirus/COVID-19 ,
Covered Entities ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Mayor de Blasio ,
New Guidance ,
New York ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
State and Local Government ,
Vaccinations ,
Vaccine Passports
On December 6, 2021, New York City Mayor Bill DeBlasio announced sweeping new vaccine requirements for NYC employers and residents, including a “first-in-the-nation” requirement that all private-sector employers mandate that...more
On October 28, 2021, New York Governor Kathy Hochul signed into law legislation substantially broadening New York’s whistleblower statute. Specifically, while the statute previously protected only current employees in...more
11/30/2021
/ Employees ,
Employer Liability Issues ,
Employment Litigation ,
Independent Contractors ,
New Legislation ,
New York ,
Retaliation ,
State and Local Government ,
State Legislatures ,
Whistleblower Protection Policies ,
Whistleblowers
On October 12, 2021, the Occupational Safety and Health Administration (OSHA) delivered its proposed vaccine mandate Emergency Temporary Standard (ETS) to the White House for final review. The proposed ETS was drafted in...more
Both federally and in New York, the COVID-19 regulatory landscape continued to evolve in September. Specifically, on September 6, 2021, the New York state commissioner of health designated COVID-19 “a highly contagious...more
9/22/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
New York ,
OSHA ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Workplace Safety