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Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

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

Changes May be Coming to White-Collar Exemption Salary Thresholds

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

Caveat Employer: A Word of Caution When Drafting Non-Disparagement Provisions

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

Employers Need to Go Further to Accommodate an Employee’s Religion

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

A Closer Look at New York State’s Proposed Ban of Non-Compete Agreements

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

Broad Ban on Non-Competes Could Become Law in New York

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

New York City Council Passes Prohibition on “Height” and “Weight” Discrimination

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

NLRB General Counsel Releases Guidance in the Wake of McLaren Macomb

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

New York State Adopts Amendments to Pay Transparency Law

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

New York State Legislature Proposes Amendments to Pay Transparency Law

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

Board Warns Employers to Pare Back Overbroad Non-Disparagement and Confidentiality Provisions in Severance Agreements

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

National Labor Relations Board Warns Employers to Pare Back Overbroad Non-Disparagement and Confidentiality Provisions in...

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

New Illinois Leave Law: Paid Leave for Any Reason

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

New York State Enacts Pay Transparency Law

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

Newly Enacted Federal “Speak Out Act” Limits Use of Some Sexual Harassment NDAs

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

CDC Shifts Approach and Loosens COVID-19 Quarantine Recommendations, including for Most Workplaces

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

Group Health Plans in the Crossfire: Facilitating Reproductive Choice in the Wake of Dobbs v. Jackson Women’s Health

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

NYC Council Amends Salary Range Transparency Law; Delays Implementation Date

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

New York City Commission on Human Rights Provides Salary Range Transparency Act Guidance

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

Supreme Court Blocks OSHA Vaccine Rule for Large Employers

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

(Updated) A Comprehensive Breakdown of OSHA’s COVID-19 Vaccination Rule

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

New York State Department of Health Issues Updated Interim COVID-19 Quarantine and Isolation Guidance

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

(Updated) Shorter COVID-19 Isolation and Quarantine Periods Will Impact Workplaces

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

New York Department of Labor Issues Proposed Regulations for HERO Act Workplace Safety Committee Requirement

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

Mayor-Elect Eric Adams Plans to Enforce New York City’s Private Employer Vaccine Mandate

Mayor-elect Eric Adams has announced that he plans to keep New York City’s vaccine mandate in place once he takes office. Mayor-elect Adams, who is set to be sworn in as the City’s 110th mayor shortly after midnight on...more

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