On September 14, 2023, New York Governor Kathy Hochul signed a new law (A.836) that prohibits employers from requesting or requiring that employees or job applicants disclose the log-in information to their personal social...more
On August 31, 2023, the NLRB released its decision in Miller Plastic Products, Inc. and Ronald Vincer, 372 NLRB No. 134 (“Miller”), in which the Board re-established a fact-sensitive totality of the evidence test to determine...more
On August 7, 2023, the EEOC issued a Notice of Proposed Rulemaking containing its proposed regulations for implementing the PWFA. The PWFA was signed into law by President Biden on December 29, 2022 and went into effect on...more
When hiring employees, employers must verify employees’ identities and employment authorizations and record their verification on Form I-9. Federal law requires that employers complete Section 2 of the Form I-9 by physically...more
On July 5, 2023, the New York Department of Consumer and Workplace Protection (“DCWP”) will begin enforcing NYC Law 144, which regulates the use of AI-driven hiring tools, referred to as Automated Employment Decision Tools...more
On February 21, 2023, the NLRB issued a decision significantly restricting employers’ use of non-disparagement and confidentiality provisions in its agreements with its non-supervisory employees. As a result of the decision,...more
On December 21, 2022, New York Governor Kathy Hochul signed a statewide pay transparency measure into law. The new law, which goes into effect on September 18, 2023, requires covered employers and employment agencies to list...more
1/3/2023
/ Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Descriptions ,
Job Promotions ,
New Legislation ,
New York ,
Recordkeeping Requirements ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
As technological advances have given employers artificial intelligence (AI) based tools to assist them in the hiring process, New York City has taken note. Recently, New York City adopted a new measure restricting the use of...more
The rise in opioid use and addiction in the United States has raised complicated issues for employers. On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing...more
In a landmark ruling, the U.S. Supreme Court held on June 15, 2020 that employment discrimination on the basis of sexual orientation and gender identity is unlawful under Title VII of the 1964 Civil Rights Act. The ruling...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On Sunday, May 10, 2020, a groundbreaking New York City law went into effect prohibiting most employers from requiring job applicants to submit to marijuana or tetrahydrocannabinols (THC) tests during the hiring process. The...more
In 2010, Massachusetts became one of the first states to pass so-called “ban the box” legislation, which barred employers from asking prospective employees about their criminal histories on their initial employment...more
On July 28, 2017, Massachusetts Governor Charlie Baker signed the Pregnant Workers Fairness Act (“PWFA”) into law. The PWFA, which will go into effect on April 1, 2018, requires that employers provide reasonable...more
In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana can pursue a claim...more
Earlier this month, New York City Mayor Bill de Blasio signed a bill prohibiting employers from asking job candidates about their salary history. The new law will go into effect on October 31, 2017....more
Last week, the Massachusetts House of Representatives unanimously passed the Massachusetts Pregnant Workers Fairness Act (H.3680). If the bill becomes law, it will expand employment protections for pregnant workers in...more
On May 31, 2016, the Supreme Judicial Court of Massachusetts held in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. that an employee’s accessing, copying and forwarding of an employer’s confidential documents...more
The Massachusetts Wage Act automatically entitles an employee who proves an unlawful failure to pay wages to treble damages. On June 18, 2015, however, a Massachusetts Superior Court judge ruled in Littlefield v. Adcole...more
On June 1, 2015, the U.S. Supreme Court held, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., that an employer violates federal anti-discrimination law where an applicant’s need for a religious...more
6/4/2015
/ Abercrombie & Fitch ,
Discrimination ,
Dress Codes ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Employment Application ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS