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New York Restricts Employer Access to Employee Social Media Accounts

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

NLRB Protects Solo Worker Protests as “Concerted Activity” Under Federal Labor Law

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

EEOC Proposes Regulations for Implementing the Pregnant Workers Fairness Act

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

COVID-19-Related Form I-9 Flexibilities End on July 31, 2023

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

How Employers Can Prepare for NYC’s Regulation of Artificial Intelligence Tools

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

NLRB Restricts the Use of Broad Confidentiality and Non-Disparagement Clauses in Severance Agreements

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

New York Will Require Employers to Disclose Salary Ranges for All Advertised Jobs and Promotions

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

NYC Employers Face New Restrictions on Use of Artificial Intelligence in Hiring

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

New EEOC Guidance Explains ADA Protections For Opioid Users

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

Supreme Court Rules Title VII Protects LGBTQ+ Individuals from Employment Discrimination

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

New York City Bans Pre-Employment Marijuana Testing

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

Massachusetts Places Further Restrictions on Criminal Background Checks

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

Massachusetts Adopts New Workplace Protections for Pregnant Workers

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

Massachusetts SJC Extends Job Protections to Medical Marijuana Users

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

What NYC Employers Need to Know about New Salary History Law

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

Massachusetts House Passes Bill to Expand Protections for Pregnant Workers

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

Employee’s Self-Help Discovery May Be Protected Activity Under Massachusetts Anti-Retaliation Law

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

Employers May Be Able to Limit Treble Damages for Violations of the Massachusetts Wage Act

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

Supreme Court Decides Employers Must Make Religious Accommodations Regardless of Knowledge of Need for Accommodation

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

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