New Yorkers utilizing freelance workers or independent contractors for work totaling $800 or more will soon need to comply with New York’s Freelance Isn’t Free Act (“FIFA”). The Act, which was signed into law by Governor...more
8/15/2024
/ Anti-Discrimination Policies ,
Compliance ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Independent Contractors ,
New York ,
NYDOL ,
Payment Systems ,
Penalties ,
Recordkeeping Requirements ,
Service Contracts
As expected, a legal battle is playing out over the U.S. Federal Trade Commission’s near-total ban on noncompete agreements, and a federal judge has granted a preliminary injunction delaying implementation of the ban while...more
The Labor and Employment Team at Harris Beach invites you to join us for discussion of critical labor and employment law developments at our annual webinar series....more
The U.S. Equal Employment Opportunity Commission (EEOC) recently published its final Enforcement Guidance on Harassment in the Workplace. The EEOC also issued supplemental documents with the guidance, including a Summary of...more
5/6/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Civil Rights Act ,
Employee Training ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Title VII ,
Workplace Violence
The U.S. Department of Labor (DOL) recently released a final rule sharply increasing the minimum salary thresholds for the “white-collar” overtime exemptions under the federal Fair Labor Standards Act (FLSA) applicable to...more
As reported earlier, the FTC voted this week to approve its Final Non-Compete Clause Rule (the “Rule” or “Final Rule”), which outlaws almost all non-compete agreements between employees and employers throughout the...more
4/29/2024
/ Corporate Counsel ,
Corporate Executives ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Garden Leave ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notification Requirements ,
Restrictive Covenants
New York State lawmakers came to a final agreement on a 2024-25 budget bill, which contains several notable changes to New York’s employment laws. There are three notable amendments in the budget that directly impact New York...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently finalized a rule regarding implementation of the Pregnant Workers Fairness Act (PWFA). The PWFA, which went into effect on June 27, 2023, requires employers...more
The Federal Trade Commission (FTC) voted Tuesday to ban non-compete agreements between employers and employees, a move that is sure to face a legal challenge. The rule is slated to take effect 120 days after it is published...more
On April 23, 2024, the Federal Trade Commission (“FTC”) will vote on whether to issue a final rule that will prohibit organizations from enforcing non-compete agreements with current and former workers. The vote will take...more
New York’s proposed budget bill points toward significant changes in employee leave rights in the coming year.
Repeal of NY COVID Paid Sick Leave Law -
New York – the last state in the country still requiring all...more
Two recent developments may signal the beginning of the end for the wave of “frequency-of-pay” litigation that has hit New York employers in recent years.
In a victory for New York employers, the Appellate Division, Second...more
The U.S. Department of Labor has officially adopted a rule that makes it more difficult for employers to classify workers as independent contractors, a change that could have profound effect on many industries, including...more
As businesses awaited word near the end of the year, New York Governor Kathy Hochul vetoed a bill on December 22, 2023, that would have categorically banned employee non-compete agreements in New York.
Ban on Non-Compete...more
New York’s recent addition of Section 203-f to Labor Law declares unenforceable any provisions in existing and future employment agreements requiring an employee to assign to the employer those inventions developed entirely...more
11/20/2023
/ Employees ,
Enforcement ,
Intellectual Property Protection ,
Inventions ,
Jurisdiction ,
Labor Code ,
New York ,
Pre-Employment Agreements ,
Severance Agreements ,
Technology Sector ,
Trade Secrets
New York Governor Kathy Hochul signed a bill on September 6, 2023, which expands Section 201-d of the New York Labor Law to provide employees with protection from the political and religious ideologies of their employer. The...more
New York inched closer to fully banning non-compete agreements on June 20, 2023, with the Legislature approving a bill banning their use in the future. The bill will soon be sent to Governor Kathy Hochul, who is expected to...more
6/22/2023
/ 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
Non-compete agreements continue to face intense scrutiny from government authorities.
On May 30, the General Counsel for the National Labor Relations Board (“NLRB” or “Board”) issued a guidance memorandum opining that...more
On April 12, 2023, the New York State Department of Labor (“NYDOL” or “Department”) published a new version of the state’s Model Sexual Harassment Prevention Policy (“Model Policy”).
Among other things, the Model Policy...more
The National Labor Relations Board (“NLRB” or “Board”) recently made headlines, ruling in the McLaren Macomb case that employers can no longer offer severance agreements with overly broad confidentiality and non-disparagement...more
New York state recently made a few notable amendments to its Pay Transparency Law requiring New York employers to include pay ranges and job descriptions in advertisements for jobs, promotions and transfer opportunities. ...more
Most employers have seen recent headlines about the National Labor Relations Board’s stance that employee severance agreements will be deemed unlawful if they contain confidentiality or non-disparagement provisions. This...more
On January 5, 2023, the Federal Trade Commission (FTC) released a proposed rule aimed at prohibiting employers from utilizing non-compete clauses in employment agreements. Importantly, the proposed rule seeks to supersede all...more
A Year in Review: Notable Labor and Employment Law Developments of 2022 -
The year-end provides an opportune time to review some of the notable developments in the world of labor and employment law from this past year –...more
1/4/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employee Monitoring ,
Fair Labor Standards Act (FLSA) ,
Health and Essential Rights (HERO) Act ,
Minimum Wage ,
New Legislation ,
New York ,
NLRB ,
Notice Requirements ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
As of September 17, 2023, most private-sector employers in New York State will be required to post a job description and pay range for any job opening, promotion or transfer opportunity the employer advertises.
Governor...more