A judge in the Northern District of Texas issued an order setting aside the Federal Trade Commission’s rule banning non-compete agreements and ordered that the rule shall not be enforced or otherwise take effect on September...more
On August 14th, a second federal judge, this time out of the Middle District of Florida, temporarily blocked the FTC’s rule banning non-compete agreements, but only as to the named plaintiff in that case. In Properties of...more
On July 3, 2024, the Federal District Court in the Northern District of Texas in Ryan LLC v. Federal Trade Commission granted a preliminary injunction staying the effective date of the FTC’s non-compete rule and enjoining the...more
The New York City Department of Consumer and Worker Protection (DCWP) officially debuted its new “Know Your Rights at Work” poster and Workers’ Bill of Rights website. The poster, which links to the DCWP website via a QR...more
4/23/2024
/ City of New York ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Labor Reform ,
Labor Regulations ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On December 22, 2023, New York Governor Kathy Hochul vetoed legislation that would have instituted a near-universal ban on non-competition provisions in New York after negotiations between the Governor and the bill’s...more
The City of Chicago recently enacted a new Paid Leave and Paid Sick and Safe Leave ordinance. Though initially slated to go into effect December 31, 2023, on December 13, 2023, the Chicago City Council voted to amend the...more
12/22/2023
/ Cause of Action Accrual ,
City of Chicago ,
Collective Bargaining Agreements (CBA) ,
Documentation ,
Eligibility ,
Employer Liability Issues ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Recordkeeping Requirements
Although 2023 perhaps did not see the passage of any laws quite as impactful as 2022—which, as employers will recall, included New York State enacting its own pay transparency law (see here) and novel New York City Council...more
12/15/2023
/ #MeToo ,
Artificial Intelligence ,
Corporate Counsel ,
Earned Sick and Safe Time Act ,
Employee Rights ,
Employment Discrimination ,
Facebook ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Harassment ,
Intellectual Property Protection ,
Minimum Wage ,
New York ,
NYDOL ,
Pay Transparency ,
Remote Working ,
Retaliation ,
Settlement ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
Wage Theft ,
WARN Act
In an effort to further restrict the use of confidentiality clauses when resolving employment discrimination, harassment, and retaliation claims, New York recently passed S4516, which amends Section 5-336 of the New York...more
In her first public comments since its passage, New York Governor Kathy Hochul expressed a desire to see changes in New York’s proposed ban on non-compete agreements (SB 3100) before she would consider signing the bill. We...more
The City of Chicago recently enacted a new Paid Leave and Paid Sick and Safe Leave ordinance which goes into effect December 31, 2023. The update is notable because it goes well beyond the recently passed Illinois Paid Leave...more
In 2020, New York City amended its paid sick leave law, named the Earned Safe and Sick Time Act (“ESSTA”), to better align with New York State’s Paid Sick Leave law. Following these amendments, the Department of Consumer and...more
The New York City Department of Consumer and Worker Protection (“DCWP”) has released its highly anticipated FAQs, providing additional guidance to employers seeking to comply with Local Law 144. As we discussed here and...more
7/14/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Audits ,
Automated Systems ,
Bias ,
City of New York ,
Corporate Counsel ,
EEO-1 ,
Employment Policies ,
Enforcement ,
Guidance Update ,
Hiring & Firing ,
Human Rights
Non-compete agreements may soon be a thing of the past in New York. Following the passage by the New York State Senate of S3100A, the State Assembly passed A1278B, and if signed into law, it would add new Section 191-d into...more
New York may become the latest state to ban non-compete agreements after the New York State Assembly and Senate each passed legislation seeking to curtail their use by employers. This comes on the heels of a proposal by the...more
On May 26th, New York City Mayor Eric Adams signed into law amendments to the City's anti-discrimination/anti-harassment statute (the NYC Human Rights Law) which will add "height" and "weight" to the growing list of protected...more
The New York City Council has passed a bill amending the City’s anti-discrimination statute (the New York City Human Rights Law or “NYCHRL”) to prohibit discrimination and harassment on the basis of an individual’s “height”...more
5/22/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
City of New York ,
Disability Discrimination ,
Employee Training ,
Employment Discrimination ,
Hairstyle Discrimination ,
Harassment ,
Hiring & Firing ,
Housing Discrimination ,
Human Rights ,
Job Applicants ,
Public Accommodation
After a few iterations of proposed rules, the New York City Department of Consumer and Worker Protection (“DCWP”) has finally adopted final rules regarding the implementation of NYC’s new law regulating Automated Employment...more
UPDATE: Governor Hochul has signed the below amendments into law – the amended New York State pay transparency rules will become effective September 17, 2023.
Coming on the heels of Governor Hochul signing into law New...more
When did a "Receptionist" become an "Assistant Manager of Reservations?" According to a new research study, employers' use of exaggerated job titles has increased rapidly over the past decade. The study points to a trend that...more
Coming on the heels of Governor Hochul signing into law New York State’s pay transparency law on December 21, 2022—which we reported on here—the New York State Legislature recently approved chapter amendments to the law,...more
The Equal Employment Opportunity Commission’s first commission meeting of 2023, entitled Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier, kicked off the New Year addressing...more
New York City’s Salary Transparency Act Arguably the most impactful piece of legislation passed in 2022 is New York City’s Salary Transparency Act, which makes it an unlawful discriminatory practice for an employer to...more
12/26/2022
/ Amended Legislation ,
Corporate Counsel ,
Employer Liability Issues ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New Legislation ,
New York ,
NYCHRL ,
Pay Transparency ,
Salaried Employees ,
State Labor Laws ,
Wage and Hour
On December 21, 2022, Governor Hochul signed into law S.9427-A/A.10477, which requires all private sector New York employers to list salary ranges for all advertised jobs and postings. This law takes effect on September 17,...more
President Biden has signed into law the federal “Speak Out Act” limiting the enforceability of pre–dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes. The Act takes...more
A tech industry titan recently released to the public a 50-page report, drafted by outside legal counsel, which outlines the company's efforts - and shortcomings - in approaching and investigating gender-based discrimination...more