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
The New York State Department of Labor (“DOL”) has released its long-awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention. As we...more
On January 12, 2023 the New York State Department of Labor (“DOL”) issued an updated Proposed Sexual Harassment Prevention Model Policy which, among other things, addresses remote work, gender identity and bystander...more
There is no doubt that 2022 was an eventful year in employment law. In this post, we review some key developments from the prior year that employers should be aware of and hot topics to watch out for as we move forward into...more
1/9/2023
/ Artificial Intelligence ,
Data Collection ,
Diversity ,
Employee Monitoring ,
Fast-Food Industry ,
Independent Contractors ,
Job Ads ,
Mandatory Arbitration Clauses ,
Misclassification ,
Non-Disclosure Agreement ,
OFCCP ,
Paid Leave ,
Pay Transparency ,
Private Attorneys General Act (PAGA) ,
Sexual Assault ,
Sexual Harassment
A new federal law invalidating pre-dispute arbitration agreements for sexual harassment and sexual assault claims does not apply retroactively, a New Jersey appeals court recently confirmed.
In Zuluaga v. Altice USA...more
In a bipartisan 315-109 vote, the U.S. House of Representatives has approved a bill that would render pre-dispute nondisclosure and nondisparagement clauses judicially unenforceable with respect to sexual assault or sexual...more
On July 19, 2022, New York State Governor Kathy Hochul announced the launch of the state’s confidential hotline for complaints of workplace sexual harassment.
As we previously reported, S812A (enacted in March 2022)...more
A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State. Several of...more
3/17/2022
/ Adverse Employment Action ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Labor Reform ,
New York ,
No-Hire/No-Solicitation Agreements ,
Non-Disclosure Agreement ,
NYSHRL ,
Public Employees ,
Regulatory Agenda ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97....more
2/11/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
New Jersey Governor Phil Murphy has unveiled a sweeping legislative proposal regarding harassment in the workplace, as well as in housing, public accommodations, and business relationships. The proposal would amend the NJ Law...more
Effective January 11, 2020, the New York City Human Rights Law (“NYCHRL”) has been amended to expand protections under the law to freelancers and independent contractors. Significantly, this includes the requirement that...more
1/15/2020
/ Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Local Ordinance ,
NYCHRL ,
Reasonable Accommodation ,
Sexual Harassment
As we previously reported, on August 12, 2019, New York State Governor Andrew Cuomo signed into law significant legislation to expand workplace anti-discrimination protections. The State has now updated its FAQs to provide...more
On August 12, 2019, Governor Andrew Cuomo signed into law significant expansions to workplace anti-discrimination protections in New York State.
As we previously reported in detail, the new legislation includes numerous...more
As we have previously reported, New York State has recently enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt...more
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment. The law will require employers to distribute policies...more
10/8/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Complaint Procedures ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Notice Requirements ,
Risk Management ,
Risk Mitigation ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
As we have previously reported, New York State has enacted several significant measures regarding sexual harassment in the workplace.
Effective October 9, 2018, all New York State employers are required to adopt written...more
As we have previously reported, pursuant to provisions of the state budget signed into law this past April, effective October 9, 2018, all New York State employers will be required to adopt written sexual harassment...more
8/24/2018
/ Anti-Harassment Policies ,
Comment Period ,
Complaint Procedures ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Public Comment ,
Required Forms ,
Sexual Harassment ,
State Labor Laws
The New York City Commission on Human Rights (the “Commission”) has issued a mandatory notice posting and information sheet for distribution to employees pursuant to the recently enacted Stop Sexual Harassment in NYC Act (the...more
On May 9, 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”), which, as we previously reported, is a package of bills aimed at addressing and preventing sexual...more
5/14/2018
/ Anti-Harassment Policies ,
Employee Training ,
Gender Discrimination ,
Hiring & Firing ,
Local Ordinance ,
Mayor de Blasio ,
NYHRL ,
Posting Requirements ,
Sexual Abuse ,
Sexual Harassment ,
State Contractors ,
State Labor Laws ,
Statute of Limitations
The New York City Council has passed the Stop Sexual Harassment in NYC Act (the “Act”), a package of bills aimed at addressing and preventing sexual harassment in the workplace. The legislation is now awaiting the signature...more
4/18/2018
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
City Councils ,
Employee Training ,
Gender-Based Violence ,
Local Ordinance ,
Mayor de Blasio ,
NYDOL ,
NYHRL ,
Proposed Legislation ,
Sexual Harassment ,
State Contractors ,
State Labor Laws
On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which, as we previously reported, includes several significant measures directed at both private and government employers regarding...more
4/16/2018
/ Anti-Harassment Policies ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
NYHRL ,
Settlement Agreements ,
Sexual Harassment ,
State Budgets ,
State Contractors ,
State Labor Laws
The New York State Legislature and Governor Andrew Cuomo have reached agreement on a $168 billion budget deal for the 2019 fiscal year, which began on April 1, 2018. The budget includes several significant measures directed...more
4/9/2018
/ #MeToo ,
Anti-Harassment Policies ,
Consultants ,
Employee Training ,
Governor Cuomo ,
Independent Contractors ,
Mandatory Arbitration ,
Non-Disclosure Agreement ,
NYHRL ,
Proposed Legislation ,
Settlement ,
Sexual Harassment ,
State Budgets ,
State Legislatures ,
Vendors
The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies. The eleven bills, collectively titled the Stop Sexual...more
3/6/2018
/ Amended Rules ,
Anti-Harassment Policies ,
City Councils ,
Complaint Procedures ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Violence ,
Local Ordinance ,
NYCHRL ,
Posting Requirements ,
Proposed Amendments ,
Sex Discrimination ,
Sexual Harassment ,
Statute of Limitations ,
Workplace Harassment Guidance
In Vasquez v. Empress Ambulance Service, Inc., the Second Circuit adopted the “cat’s paw” theory of liability under Title VII and held that the retaliatory intent of a low-level, non-supervisory employee may be imputed to an...more