On August 20, 2024 a Texas federal judge blocked, on a nationwide basis, enforcement of the Federal Trade Commission (FTC)’s rule banning non-compete agreements (the “Non-Compete Rule”), which had been slated to take effect...more
On July 3, 2024, a Texas federal judge issued a preliminary injunction postponing the September 4, 2024 effective date of the Federal Trade Commission (FTC)’s final rule banning non-compete agreements (the Non-Compete Rule)...more
On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method...more
On June 21, 2023, the New York State Department of Labor amended the New York Worker Adjustment and Retraining Notification Act (NY Mini-WARN Act). The updated regulations took effect immediately....more
Pay transparency laws are proliferating across multiple U.S. states and localities. For example, employers with a single employee in Colorado, California, Washington, or New York City that post advertisements for jobs that...more
Governor Kathy Hochul is considering a bill that would require New York employers with four or more employees to include compensation information on advertisements for any job, promotion, or transfer opportunity....more
The New York City pay transparency law remains likely to become effective May 15, 2022, despite a bill that has been introduced which would delay the effective date until November. ...more
Beginning in April 2022, NYC employers with four or more employees must include the salary range of the position in job postings. The law, which passed on January 15 after the mayor did not take action to veto, amends the New...more
On December 6, New York City announced that beginning December 27 it would require all private employers to require their employees to show proof of COVID-19 vaccination before entering the workplace. Since the announcement,...more
On October 12, 2021, a court in the Northern District of New York preliminarily enjoined the New York State Department of Health’s (DOH) COVID-19 vaccination rule for healthcare employees to the extent it required employers...more
11/17/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
On October 28, 2021, New York Governor Kathy Hochul signed legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing. The legislation (S.4394A/A.5144A)...more
As Colorado employers prepare to reopen their offices following the COVID-19 pandemic, they must consider a number of legal issues. Some key considerations include whether employers can ask about vaccination status, whether...more
8/10/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
As we previously discussed, on May 5, 2021, Governor Cuomo signed the NY Hero Act (the Act) into law, codifying health and safety protocols in response to the COVID-19 pandemic. ...more
On June 10, 2021, the same day that it released its long-anticipated COVID-19 emergency temporary standard (ETS) for healthcare settings (which we discuss here), the U.S. Occupational Safety and Health Administration (OSHA)...more
On June 10, 2021, the U.S. Occupational Safety and Health Administration (OSHA) released the first nationwide emergency workplace safety rule per President Joe Biden’s January executive order directing the agency to pursue an...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its “What you should know about COVID-19” Frequently Asked Questions (the FAQs), answering questions many employers have had regarding COVID-19...more
On April 21, 2021, both houses of the New York Legislature announced passage of the NY Hero Act, which will require employers to implement extensive new workplace health and safety protections in response to the COVID-19...more
4/29/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Crisis Management ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
NYDOL ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
On April 20, 2021, the U.S. Occupational Safety and Health Administration (OSHA) updated its FAQs with guidance stating that employers who require their employees to get vaccinated as a condition of employment may need to...more
4/22/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to address COVID-19 vaccines in the workplace. The EEOC’s guidance implies that a mandatory workplace vaccination program...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On Friday June 26, the Department of Labor (DOL) issued clarification guidance regarding the availability of Family First Coronavirus Response Act (FFCRA) leave. Specifically, the DOL stated that FFCRA leave is equally...more
As cities and states around the United States are gearing to reopen facilities, employers are tasked with the daunting responsibility of ensuring that their workspaces are safe. ...more
6/9/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Diagnostic Tests ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Medical Reimbursement ,
Travel Time ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
CDC provides updated guidance and toolkit for employers preparing to re-open -
The U.S. Centers for Disease Control and Prevention (CDC) continues to release workplace re-opening guidance, both generally and for employers...more
The Occupational Safety and Health Administration (OSHA) will begin issuing industry-specific guidance to protect American workers during the COVID-19 pandemic. The guidance to date has been in the form of “tips” rather than...more
Governor Cuomo is sent new legislation related to the Coronavirus to New York State lawmakers yesterday. The legislation would protect employees who are required to stay home from work because they are being isolated or...more
3/10/2020
/ Adverse Employment Action ,
Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employee Rights ,
Employer Liability Issues ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Medical Leave ,
Policies and Procedures ,
Proposed Legislation ,
Public Health ,
Risk Management ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
The Coronavirus which causes the disease COVID-19 (“Coronavirus”) presents a plethora of challenging labor and employment issues for employers in the United States. ...more
3/6/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Medical Leave ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Workplace Safety