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
On October 13, 2022, the U.S. Department of Labor (DOL) proposed a new rule that would revise the DOL’s guidance on how to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards...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
Effective May 7, 2022, New York employers that electronically monitor their employees’ telephone, email, or internet access or usage will be required to provide their employees with written notice of such electronic...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