In the second in a series of blogs examining often overlooked or misunderstood provisions of common employment laws, today we are covering four things employers may not know about the federal Uniformed Services Employment and...more
On September 5, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act, a bill amending the New York Labor Law to impose certain workplace violence prevention requirements on covered retail...more
The district court has once again upheld enforcement of the New Jersey Temporary Workers’ Bill of Rights (the “Law”). The decision comes in response to a follow-up challenge by a coalition of staffing agency industry groups,...more
On July 24, 2024, the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law (the “Law”). The Circuit Court found that...more
NYC employers are reminded that the deadline for distributing and posting the new “Workers Bill of Rights” poster is fast approaching on July 1, 2024. ...more
On May 14, 2024 the New Jersey Office of the Attorney General and the Division on Civil Rights (DCR) published guidance on Discrimination and Out-of-State Remote Workers. This guidance, which is not legally binding, aims to...more
On May 21, 2024, Governor Ned Lamont signed into law HB 5005, which significantly expands the state’s existing paid sick leave law as described below.
Covered Employers and Employees -
While Connecticut was the first...more
On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more
Maryland Governor Wes Moore has signed into law SB 525/HB 649, which will require employers to include wage ranges in internal and external postings for positions that will be physically performed, at least in part, in the...more
On April 29, 2024 the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final guidance on harassment in the workplace.
As Proskauer previously covered, this final guidance follows proposed guidance,...more
5/7/2024
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corrective Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Harassment ,
Hostile Environment ,
Investigations ,
LGBTQ ,
Pregnancy Discrimination ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
On April 19, 2024, the EEOC published its final rule regarding the Pregnant Workers Fairness Act (“PWFA”). The PWFA requires covered employers to provide reasonable accommodations to qualified employees or candidates with a...more
On April 20, 2024, New York Governor Kathy Hochul signed into law New York State’s Budget for fiscal year 2025. The enacted Budget includes appropriation bills and other legislation required to carry out the budget for the...more
On April 17, 2024, the United States Supreme Court ruled on the standard under which a plaintiff can proceed with a claim for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964 (“Title VII”),...more
4/22/2024
/ Civil Rights Act ,
Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On April 8, 2024, National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo released a Memorandum providing guidance to Regional Directors, Officers-in-Charge, and Resident Officers concerning the GC’s...more
In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more
4/18/2024
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Continuing Violation Theory ,
Corporate Counsel ,
Family and Medical Leave Act (FMLA) ,
Hostile Environment ,
Human Rights ,
New York ,
Remote Working ,
Retaliation ,
Summary Judgment ,
Title VII
New York employers should take note of a new law that recently took effect that impacts their ability to access applicant and employee social media accounts. The law applies to all employers covered by the New York Labor Law...more
The New York City Department of Consumer and Worker Protection (“DCWP”) has published its “Workers’ Bill of Rights” website and associated “Know Your Rights at Work” poster, which NYC employers will be required to begin...more
On March 1, 2024, the Centers for Disease Control and Prevention (“CDC”) repealed its previous guidance advising a 5-day isolation period for individuals testing positive for COVID-19 and issued consolidated guidance on...more
The New York City Council has passed a bill that creates a private right of action for individuals claiming violations of the NYC Earned Safe and Sick Time Act (“ESSTA”). The Council presented the bill to Mayor Eric Adams on...more
On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations...more
1/26/2024
/ Appropriations Bill ,
Asset Seizure ,
Coronavirus/COVID-19 ,
Disability Leave ,
Employee Benefits ,
Family and Medical Leave Act (FMLA) ,
Liquidated Damages ,
New York ,
NYDOL ,
Paid Leave ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
State Budgets
New York State employers are reminded that, under an expansion of the law that took effect in late 2023, they are required to provide all separating employees with an updated Record of Employment (Form IA 12.3) for purposes...more
1/11/2024
/ Disciplinary Proceedings ,
Employment Policies ,
Employment Records ,
New York ,
NYDOL ,
Performance Standards ,
Separation Agreement ,
Temporary Layoffs ,
Termination ,
Unemployment Benefits ,
Unemployment Insurance
The New York State Department of Labor has issued the updated minimum wage poster for “Miscellaneous Industry” employees for 2024. The update covers all industries other than hospitality, farmworkers, and building service. ...more
On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted...more
Beginning in July 2024, New York City employers will be required to distribute information regarding a “workers’ bill of rights” that will be created via collaboration across a number of City agencies....more
Texas Governor Greg Abbott has signed into law SB 7, which bans private employers of any size from imposing or enforcing COVID-19 vaccine mandates as a condition of employment. The law will take effect on February 6, 2024....more
11/28/2023
/ Adverse Action ,
Contractors ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Exceptions ,
Governor Abbott ,
Health Care Providers ,
Healthcare Facilities ,
State Bans ,
Texas ,
Vaccinations