New York City’s Department of Consumer and Worker Protection (“DCWP”) unveiled its Workers’ Bill of Rights website on March 1, 2024. The Workers’ Bill of Rights outlines rights and protections for employees, independent...more
On January 9, 2024, the United States Department of Labor (“DOL”) released a final rule (the “Final Rule”) setting forth new standards for determining whether an individual may be classified as an independent contractor under...more
1/17/2024
/ Congressional Review Act ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Independent Contractors ,
Misclassification ,
Tax Penalties ,
Totality of Circumstances Test ,
Wage and Hour
On October 2, 2023, the United States Equal Employment Opportunity Commission (“EEOC”) issued its long-awaited proposed guidance regarding harassment in the workplace (the “Guidance”). In January 2017, the EEOC published...more
10/18/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEO ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
Sexual Orientation ,
Title VII ,
Workplace Harassment Guidance
On June 29, 2023, the Supreme Court in Groff v. DeJoy clarified employers’ obligations when accommodating an employee’s religious beliefs under Title VII of the Civil Rights Act of 1964 (“Title VII”). As a result of this...more
7/18/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On April 11, 2023, Governor Kathy Hochul announced that the New York State Department of Labor (“NYDOL”) has finalized its updated model sexual harassment prevention policy and training resources....more
Effective November 6, 2022, a new wage transparency law, amending the Westchester County Human Rights Law, prohibits employers from advertising a job, promotion, or transfer opportunity without also including the minimum or...more
On March 22, 2022, the New York City Commission on Human Rights (the “Commission”) released guidance (the “Guidance”) regarding employer obligations under Int. 1208-B (the “Law”). As we previously reported, the Law requires...more
On March 14, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a new technical assistance document (the “Guidance”) addressing the interplay between existing federal employment discrimination principles...more
On December 11, 2021, New York City enacted Local Law Int. 1894-A. The law, which takes effect on January 1, 2023, limits an employer’s ability to use “automated employment decision tools” in hiring and promotion decisions...more
On November 8, 2021, Governor Hochul signed a bill into law that requires private New York employers to provide written notice to employees before monitoring their telephone, email, and internet access or usage. This law...more
On October 8, 2021, the New York State Department of Labor (“NYDOL”) issued new guidance, largely in the form of Frequently Asked Questions (the “Guidance”), reflecting employment protections provided to cannabis users under...more
On October 5, 2021, Governor Phil Murphy signed A-681 thereby amending the New Jersey Law Against Discrimination (“LAD”) to provide new protections against age discrimination for applicants and employees over the age of 70...more
On August 19, 2021, the New Jersey Cannabis Regulatory Commission (the “Commission”) published its long-awaited first set of Personal Use Cannabis Rules (the “Initial Rules”) regarding recreational cannabis use for adults age...more
On July 8, 2021, New Jersey Governor Phil Murphy signed three (3) bills into law aimed at further penalizing employers for misclassifying employees as independent contractors. New Jersey employers that engage in employee...more
On March 12, 2021, Governor Cuomo signed legislation (S2588A/A3354B) granting public and private employees paid leave in order to get a COVID-19 vaccine. The new law, which went into effect immediately, gives employees up to...more
3/22/2021
/ Anti-Discrimination Policies ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Governor Cuomo ,
New Legislation ,
New York ,
Paid Leave ,
Policies and Procedures ,
Quarantine ,
Retaliation ,
State and Local Government ,
Travelers ,
Vaccinations
On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more
3/2/2021
/ Adverse Action ,
Cannabis Products ,
Civil Monetary Penalty ,
Decriminalization of Marijuana ,
Department of Transportation (DOT) ,
Drug Testing ,
Employer Liability Issues ,
Federal Contractors ,
Governor Murphy ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Policies and Procedures ,
Private Right of Action ,
Protected Class ,
Recreational Use ,
Workplace Safety
Last week, the Equal Employment Opportunity Commission (“EEOC”) issued guidance clarifying that, in certain circumstances, employers will have the ability to require that employees receive the COVID-19 vaccine (the...more
12/22/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Reasonable Accommodation ,
Religious Accommodation ,
Required Documentation ,
Title VII ,
Vaccinations ,
Workplace Safety
The State of New Jersey has not taken a one size fits all approach in return to school plans for the 2020-2021 school year. The New Jersey Department of Education (“NJDOE”) has received approximately 800 different plans for...more
On March 20, 2020, Governor Phil Murphy signed Assembly Bill 3848 (“A3848”) into law, which provides employment protections to employees during the ongoing Public Health Emergency and State of Emergency declared by Governor...more
With the continued spread of COVID-19, more commonly known as the “Coronavirus,” employers and employees alike are becoming increasingly concerned about workplace health and safety. If they have not done so already, employers...more
The New Jersey Department of Labor and Workforce Development (“NJDOL”) recently issued final regulations regarding the New Jersey Earned Sick Leave Law (the “ESLL”).
As we previously reported, the law requires New Jersey...more
During the end of 2019 and in the past few weeks, New York State and New York City passed legislation and administrative guidance further regulating workplace protections. New York State and New York City employers should...more
Within the past few weeks, Governor Andrew Cuomo signed several pieces of legislation expanding the scope of anti-discrimination laws in the New York workplace and adding accommodation obligations for domestic violence...more
Recently, Governor Andrew Cuomo signed two significant bills expanding the scope of anti-discrimination laws in the New York workplace. Specifically, on July 10, 2019, Governor Cuomo signed Senate Bill 6549, prohibiting...more
On March 1, 2019, New Jersey became the first state to enact legislation, Senate Bill No. 1567 (“An Act concerning pre-tax transportation fringe benefits”), requiring employers with 20 or more employees to offer pre-tax...more