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
In an important change, beginning on March 20, 2024, employees may file lawsuits, including class actions, against their employers for alleged violations of New York City’s Earned Safe and Sick Time Act (the Sick Leave Law),...more
3/28/2024
/ City of New York ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Legislative Agendas ,
Local Ordinance ,
Paid Time Off (PTO) ,
Sick Leave
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
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
The New York City Department of Consumer and Worker Protection (DCWP) adopted final rules for Local Law 144 on April 6, 2023. This landmark law prohibits employers from using automated employment decision tools (AEDTs) to...more
5/17/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
City of New York ,
Covered Entities ,
Employees ,
Employer Liability Issues ,
Enforcement ,
Final Rules ,
Job Applicants ,
New Legislation ,
Notice Requirements ,
Penalties ,
Policies and Procedures ,
Technology Sector
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
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