In a post last year, we discussed how examining the EEOC’s annual reports and Strategic Enforcement Plan could provide guidance as to how the agency intends to allocate its resources and enforcement efforts in the upcoming...more
As of July 1, employers in New York City have new obligations set forth by the NYC Department of Consumer and Worker Protection (DCWP). Employers are now required to distribute the “Know Your Rights” notice to all employees...more
Laws have been enacted throughout the United States in the wake of the #MeToo movement which have served to erode the confidentially and non-disparagement protections that settlement agreements typically provide employers....more
KEY TAKEAWAYS - For claims that accrued prior to August 6, 2019, the applicable statute of limitations under the Wage Theft Act remains two years. For claims that accrued on or after August 6, 2019, the applicable statute of...more
On April 17, the U.S. Supreme Court rendered an opinion in Muldrow v. City of St. Louis resolving a circuit split over what standard an employee challenging a transfer under the anti-discrimination provision of Title VII must...more
On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more
On February 26, 2024, the Appellate Division of the Superior Court of New Jersey affirmed the trial court’s decision in Aguirre v. CDL Last Mile Solutions, denying defendant CDL Last Mile’s motion to compel arbitration....more
On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more
Studies have shown that persons with disabilities are not being afforded equal access to medical care, including routine examinations, due to a lack of medical diagnostic equipment (MDE). A lack of accessible MDE impacts the...more
It can be a challenge to stay on top of the ever-changing employment laws in New York State. Let us help. Attorneys in Goldberg Segalla’s Employment and Labor practice group synopsized 12 recent changes that impact the...more
1/26/2024
/ Employment Discrimination ,
Freelance Isn't Free Act (FIFA) ,
Human Rights ,
Intellectual Property Protection ,
Minimum Wage ,
New York ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Payment Protection Insurance ,
Unemployment Benefits ,
Unpaid Overtime ,
Wage and Hour ,
Wage Theft
Key Takeaways -
-The Department of Labor recently clarified a critical distinction between an employee and an independent contractor.
-The courts will no longer use the Trump-era rule that focused on two core factors:...more
New York Codifies Employer Requirement to Notify Employees of Unemployment Benefit Rights -
Gov. Hochul signed S4878A/A298. The law amends New York Labor Law Section 590 by adding a section that requires employers...more
1/3/2024
/ Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Labor Code ,
New Legislation ,
New York ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
Key Takeaways -
New York codifies employee intellectual property rights New York prohibits liquidated damages provisions in certain non-disclosure agreements New York prohibits employers from requesting access to...more
1/2/2024
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Compliance ,
Intellectual Property Protection ,
Liquidated Damages ,
New York ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Personal Information ,
State Labor Laws
Gov. Hochul signed S5572/A6796, which increases the threshold for applicability of wage-payment protections under Article 6 of the New York Labor law for certain persons employed in a bona fide executive, administrative, or...more
New York remains one of the busiest states from a business perspective, with ever-changing employment laws that affect businesses. This is the first part of a four-part series providing recent New York employment law updates....more
12/29/2023
/ Compliance ,
Criminal Background Checks ,
Fair Credit Reporting Act (FCRA) ,
Freelance Isn't Free Act (FIFA) ,
Governor Vetoes ,
Highly Compensated Employees ,
Independent Contractors ,
New York ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
Key Takeaways -
Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more
Key Takeaways -
Employers who have employees working overnight shifts when daylight saving time ends and standard time begins must pay these employees an additional hour. Employers also should review the total hours these...more
The EEOC’s proposed guidance -
- If passed, represents the first update to harassment enforcement in nearly 25 years.
- Attempts to modernize previously issued guidance by addressing emerging workplace issues and...more
10/10/2023
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Employment Policies ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
Proposed Guidance ,
Regulatory Standards ,
Sexual Harassment ,
Sexual Orientation ,
Workplace Harassment Guidance ,
Workplace Safety
In August 2021, New York’s Department of Health adopted an emergency rule 10 N.Y.C.R.R. § 2.61 (the Rule) directing hospitals, nursing homes, hospices, adult care facilities, and other identified healthcare entities to...more
Key Takeaways -
On September 13, 2023, the NY DOL released proposed pay transparency regulations. The proposed regulations seek to clarify the new requirement that employers post the range of compensation in job...more
Key Takeaways -
New York State Penal Law amendments strengthen penalties for employers guilty of wage theft. New York State prohibits employer mandatory meetings on political and religious matters....more
9/12/2023
/ Anti-Discrimination Policies ,
Civil Rights Act ,
General Meetings ,
Human Rights ,
Internships ,
New Legislation ,
New York ,
NLRA ,
Penalties ,
Political Speech ,
Religious Beliefs ,
Title VII ,
Wage Theft
Key Takeaways -
The New Jersey Supreme Court recently ruled that the Law Against Discrimination (LAD) contained an express exception for religious organizations that make employment decisions based on employment criteria...more
Key Takeaways -
New York State Human Rights Law source-of-income anti-discrimination statute held as unconstitutional. People v. Commons W., LLC underscores the challenging balance between promoting equitable housing...more
Key Takeaways -
General workplace rules are considered “presumptively unlawful” under the new NLRB standard if they could be interpreted to limit employee rights. Employers must now rebut the presumption of unlawfulness...more
Key Takeaways -
In Groff v. DeJoy, the U.S. Supreme Court renders new standard for employers assessing religious accommodations
Employers should review their accommodation policies and practices in light of Groff...more