In 2020, New York City amended its paid sick leave law, named the Earned Safe and Sick Time Act (“ESSTA”), to better align with New York State’s Paid Sick Leave law. Following these amendments, the Department of Consumer and...more
On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more
The U.S. Department of Labor (the “DOL”) recently announced a Notice of Proposed Rulemaking, which could make at least 3 million more lower-wage workers overtime-eligible....more
The D.C. Circuit Court of Appeals’ opinion in Wright v. Eugene & Agnes E. Meyer Foundation raises some concerns with otherwise limited non-disparagement provisions, which we discuss below.
The D.C. Circuit Court of...more
The U.S. Supreme Court recently issued a unanimous opinion in Groff v. DeJoy that effectively made it easier for employees to secure religious-based accommodations in the workplace.
Prior to DeJoy, an employer could...more
7/25/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
Non-compete agreements may soon be a thing of the past in New York. Following the passage by the New York State Senate of S3100A, the State Assembly passed A1278B, and if signed into law, it would add new Section 191-d into...more
New York may become the latest state to ban non-compete agreements after the New York State Assembly and Senate each passed legislation seeking to curtail their use by employers. This comes on the heels of a proposal by the...more
The New York City Council has passed a bill amending the City’s anti-discrimination statute (the New York City Human Rights Law or “NYCHRL”) to prohibit discrimination and harassment on the basis of an individual’s “height”...more
5/22/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
City of New York ,
Disability Discrimination ,
Employee Training ,
Employment Discrimination ,
Hairstyle Discrimination ,
Harassment ,
Hiring & Firing ,
Housing Discrimination ,
Human Rights ,
Job Applicants ,
Public Accommodation
The NLRB’s General Counsel Jennifer Abruzzo has released a memo offering further guidance on the Board’s recent decision in McLaren Macomb. In our previous post addressing that decision, we highlighted several outstanding...more
UPDATE: Governor Hochul has signed the below amendments into law – the amended New York State pay transparency rules will become effective September 17, 2023.
Coming on the heels of Governor Hochul signing into law New...more
Coming on the heels of Governor Hochul signing into law New York State’s pay transparency law on December 21, 2022—which we reported on here—the New York State Legislature recently approved chapter amendments to the law,...more
Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in...more
Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in...more
Illinois will become the third state (including Nevada and Maine) to mandate employers to provide employees with paid time off for any reason. The new law, which we summarize below, will become effective in 2024.
The Law...more
On December 21, 2022, Governor Hochul signed into law S.9427-A/A.10477, which requires all private sector New York employers to list salary ranges for all advertised jobs and postings. This law takes effect on September 17,...more
President Biden has signed into law the federal “Speak Out Act” limiting the enforceability of pre–dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes. The Act takes...more
On August 11, 2022, the Centers for Disease Control and Prevention (CDC) once again revised its public health recommendations regarding COVID-19 prevention measures in general community settings, including non-healthcare...more
On June 24, 2022, the Supreme Court issued its much-anticipated decision in Dobbs v. Jackson Women’s Health Organization. The decision explicitly reverses Roe v. Wade, thereby radically altering the legal and political...more
6/27/2022
/ Abortion ,
Corporate Counsel ,
Department of Labor (DOL) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
MHPAEA ,
Preemption ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Women's Rights
The New York City Council has amended the New York City Salary Range Transparency Act (the “Act”). The Mayor has 30 days to sign the amended law. As discussed in our initial post, the Act amended the New York City Human...more
5/3/2022
/ Attorney's Fees ,
Compensatory Damages ,
Damages ,
Human Rights ,
Minimum Salary ,
New Guidance ,
Punitive Damages ,
Transparency ,
Unemployment Benefits ,
Wage and Hour ,
Wages
The New York City Commission on Human Rights has released a Fact Sheet entitled Salary Transparency in Job Advertisements, which provides much-welcomed guidance to employers on the NYC Salary Range Transparency Act. Some...more
The Supreme Court has stayed OSHA from enforcing its vaccine-or-test rule for large private employers. In its opinion, the Court found that Congress did not grant OSHA the authority to issue such a sweeping rule. Empowered...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
UPDATE: The U.S. Supreme Court held a special hearing on January 7, 2022, and is expected to rule soon on whether OSHA may proceed with its Emergency Temporary Standard for large employers. The Court is also considering...more
On January 4, 2022, and faced with record numbers of COVID-19 cases in New York State, the New York State Department of Health (“NYSDOH”) issued Interim Updated Isolation & Quarantine Guidance. The Interim Guidance aligns...more
UPDATE: Following its original announcement, the CDC further updated its guidance to apply the 5 day quarantine rule to those who are asymptomatic but now also to those whose symptoms are resolving (without fever for 24...more
The New York State Department of Labor has issued proposed regulations interpreting and further defining the contours of the HERO Act’s joint labor-management workplace safety committees. We summarize the proposed...more