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
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
A recent decision by the U.S. Supreme Court eases the standard for plaintiffs claiming their employer discriminated against them by moving them into a different position.
Specifically: on April 17, 2024, a unanimous...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
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 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
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
A new bill signed by New York Governor Kathy Hochul on December 16th requires employers to make mandatory workplace postings available electronically. The law goes into effect immediately....more
New York employers must re-evaluate their obligations to nursing mothers in the workplace under an amendment to the state Labor Law that expands accommodations to nursing mothers....more
Private-sector employers with “no-fault” attendance policies in New York will need to revisit their policies following an impending change to New York Labor Law.
On November 21, 2022, New York Governor Kathy Hochul...more
As of November 1, 2022, most employers in New York City must comply with the City’s new pay transparency legislation. The legislation amends the N.Y. City Human Rights Law (“NYCHRL”), requiring covered employers to include...more
11/17/2022
/ Certifications ,
City of New York ,
Department of Labor (DOL) ,
Enforcement ,
Final Rules ,
Foreign Nationals ,
Foreign Workers ,
Hiring & Firing ,
Human Rights ,
Job Ads ,
Pay Transparency ,
PERM ,
Prevailing Wages ,
Wage and Hour
The New York State Commissioner of Health’s designation of COVID-19 under the Health & Essential Rights Act (“HERO Act”) as an “airborne infectious disease that presents a serious risk of harm to the public health” ended on...more
Businesses likely recall the 2018 and 2019 updates to the New York Human Rights Law (“HRL”), the State’s primary workplace anti-harassment and anti-discrimination law. A trio of legislative bills signed into law yesterday ...more
New York State’s mask mandate on private business will expire on Thursday, February 10th, 2022. The mandate required mask-wearing indoors at all “indoor public places” (e.g., businesses) unless the business required proof of...more
On Thursday September 9, 2021, the Biden administration announced a COVID vaccine initiative that will require vaccinations or weekly testing for all federal contractors and for employers with at least 100 employees. The...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Sunday, September 6, 2021, New York Gov. Kathy Hochul announced the “designation” of COVID-19 as an airborne infectious disease under the state’s new Health & Essential Rights Act (the “HERO” Act). The designation...more