Beginning on January 1, 2025, New York employers in the private sector will be required to provide up to 20 hours of paid leave during any 52-week period for employees to attend prenatal appointments or obtain health care...more
On November 16, New York’s Clean Slate Act took effect. The purpose of the Act is to aid in curbing discrimination in the workplace against individuals with certain New York State criminal convictions. As discussed below, the...more
On November 4, 2024, New York City Mayor Eric Adams signed into law the Safe Hotels Act, establishing a licensing requirement for hotels that operate in New York City. The Act requires most new and existing hotels to...more
On April 20, New York Governor Kathy Hochul signed the state's Budget for the fiscal year 2025. This budget includes a new provision for paid prenatal personal leave, which is an amendment to Section 196-b of the New York...more
After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023, with...more
2/16/2024
/ Artificial Intelligence ,
Corporate Transparency Act ,
Debt ,
Employee Definition ,
Employee Retention ,
FinCEN ,
Hospitality Industry ,
Insurance Industry ,
Liability ,
Minimum Wage ,
NLRB ,
Popular ,
Ransomware ,
Real Estate Market ,
Reporting Requirements ,
Restaurant Industry ,
Supply Chain ,
Tax Credits ,
Tipped Employees
As we enter the final quarter of 2023, the ArentFox Schiff Hospitality Industry group has identified several opportunities and challenges that could impact the hospitality industry, including issues related to artificial...more
On March 22, 2023, National Labor Relations Board General Counsel Jennifer Abruzzo issued GC Memo 23-05 providing guidance on the recent decision in McLaren Macomb. Below are some of the notable points set forth in the...more
3/30/2023
/ Confidentiality Agreements ,
Contract Terms ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Retroactive Application ,
Section 7 ,
Separation Agreement ,
Severance Agreements
California Assembly Bill 1228 (A.B.1228), otherwise known as the Fast-Food Franchisor Responsibility Act, was introduced on February 16, 2023. If passed into law, fast food restaurant franchisors and franchisees will share...more
The National Labor Relations Board (NLRB or Board) recently ruled that it is illegal for employers to offer severance agreements that include broad non-disparagement and confidentiality provisions to employees, even those...more
With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023.
1. Potential Down Market Pressures. Interest rate increases are...more
1/5/2023
/ Artificial Intelligence ,
Brand ,
Compliance ,
Coronavirus/COVID-19 ,
Data Privacy ,
Environmental Social & Governance (ESG) ,
Franchise Agreements ,
FTC Act ,
Greenwashing ,
Hospitality Industry ,
Intellectual Property Protection ,
Interest Rate Adjustments ,
Investment ,
Labor Shortage ,
LEED Certified ,
Metaverse ,
NASAA ,
NLRB
In December 2021, the New York City Council approved a bill requiring NYC employers with four or more employees to include, in internal and external job postings, the minimum and maximum salary offered for any position within...more
On December 6, 2021, New York City Mayor Bill de Blasio announced a new COVID-19 vaccine mandate for all private sector employers that employ more than one employee in New York City. On December 15, 2021, the New York City...more
On December 6, 2021, New York City Mayor Bill De Blasio announced a new COVID-19 vaccine mandate for all private-sector employers who employ one or more employees in New York City.
The mandate will require that all covered...more
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued its Omnibus Staff Vaccination Rule, mandating that all Medicare and Medicaid-certified facilities regulated under Medicare health and safety...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) mandating that large employers require employees to be fully vaccinated against COVID-19...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As COVID-19 vaccination mandates continue to increase across the country, employers are legally required to manage, and in some cases accommodate exemption requests.
What to Know As -
COVID-19 vaccination mandates...more
10/15/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden signed Executive Order 14042, "Ensuring Adequate COVID Safety Protocols for Federal Contractors," that directed agencies to include a clause in new contracts, options, and extensions...more
10/14/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Food and Drug Administration (FDA) ,
New Guidance ,
OSHA ,
Subcontractors ,
Title VII ,
Vaccinations ,
Workplace Safety ,
World Health Organization
On September 14, 2021, District Court Judge David N. Hurd of the Northern District of New York granted a temporary restraining order (TRO) barring the New York State Department of Health (DOH) from enforcing the vaccine...more
On August 16, 2021, former New York Governor Andrew Cuomo announced that all healthcare workers in New York State are required to be vaccinated against COVID-19. The mandate is applicable to staff at hospitals and long-term...more
On May 5, 2021, in response to the COVID-19 pandemic, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”) into law. The NY HERO Act requires extensive workplace health and safety...more
8/2/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
New Amendments ,
New York ,
NYDOL ,
State and Local Government ,
Workplace Safety
Employers should ensure they have appropriate policies in place for properly handling confidential medical records.
On March 19, 2021, New Jersey adopted guidance from the Equal Employment Opportunity Commission and...more
Employers should be mindful of this new leave law understanding that they may not take any adverse action, discriminate, or retaliate against an employee for requesting leave to receive the COVID-19 vaccine.
New York...more
As travel increases despite ongoing pandemic concerns, hotel operators must address how to welcome back the increased workforce needed to care for more guests.
While some hotels remained open during quarantine with...more
10/27/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Best Practices ,
Employee Training ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Hotels ,
Human Rights ,
Leave of Absence ,
NLRA ,
OSHA ,
State Labor Laws ,
Title VII ,
Wage and Hour ,
Whistleblowers ,
Workplace Safety
Government contractors may wish to seek further legal review of all diversity and inclusion training materials used.
On September 22, 2020, the White House issued Executive Order 13950, entitled “Executive Order on...more
On August 3, 2020, in a lawsuit filed by the State of New York, United States District Court Judge J. Paul Oetken of the United States District Court for the Southern District of New York issued an opinion and order (Order)...more
8/12/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee's Childcare ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Intermittent Leave ,
Leave of Absence ,
Paid Leave ,
Paid Sick Leave