1.The National Labor Relations Board (NLRB) has clarified its test for determining whether an employee’s protected activity under the National Labor Relations Act (NLRA) was a motivating factor in employee discipline....more
As 2019 comes to a close, legislative and administrative actions in New York require consideration by employers in the state.
First, Governor Cuomo signed legislation adding reproductive rights as a protected class under...more
1. The National Labor Relations Board (NLRB) has clarified its standard for evaluating the legality of employers’ facially neutral policies, rules, or handbook provisions. LA Specialty Produce Co., 368 NLRB No. 93 (Oct. 8,...more
An employer’s confidentiality and non-disclosure rule and media contact rule do not violate the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has held. LA Specialty Produce Company, 368 NLRB...more
While courts have generally interpreted the New York City Human Rights Law (NYCHRL) as providing anti-discrimination protections to individuals performing services as independent contractors, effective in January 2020,...more
1. The National Labor Relations Board (NLRB) has adopted a new standard for determining whether contractual language acts as a waiver of a union’s right to bargain over a specific issue. MV Transportation, Inc., 368 NLRB No....more
Continuing its pattern of issuing enforcement guidance on areas on which it focuses, the New York City Commission on Human Rights has released guidance reiterating the obligations of most employers, housing providers, and...more
1.The National Labor Relations Board (NLRB) found an employer did not violate the National Labor Relations Act (NLRA) by misclassifying its employees as independent contractors. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29,...more
New York has amended its Human Rights Law to expand protection from employment discrimination for victims of domestic violence.
Signed by Governor Andrew Cuomo on August 20, 2019, the new law amends the New York State...more
1.The National Labor Relations Board (NLRB) General Counsel’s Division of Advice has found an employer did not violate the National Labor Relations Act (NLRA) when it fired an employee based on the mistaken belief that she...more
New York state has enacted sweeping new workplace harassment protections for employees, including lowering the standard for when harassment is actionable.
It also has adopted new law prohibiting employment discrimination...more
1.An employer violated the National Labor Relations Act (NLRA) by maintaining a mandatory arbitration policy making arbitration the exclusive forum for resolving all employment claims because it denied employees access to the...more
New York’s equal pay law prohibiting wage differentials based on protected class status was signed by Governor Andrew Cuomo on July 10, 2019. The new equal pay law will be effective on October 8, 2019.
The Governor also...more
On June 13, 2019, the New York City Council passed Intro 799 to prohibit retaliation against individuals who make a request for a reasonable accommodation under any applicable provision of chapter 1 of the New York City Human...more
In the final days of its 2019 Session, the New York State Legislature passed three bills that, respectively, will bar employers from inquiring about applicants’ past salary history, prohibit wage differentials based on...more
Major changes to New York’s harassment laws were among the flurry of bills advanced and passed by the New York State Legislature in the final hours of its 2019 Legislative Session. Employers will face greater potential...more
6/24/2019
/ Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration ,
Non-Disclosure Agreement ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
Please contact a Jackson Lewis attorney if you have any questions about these developments. ©2019 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor...more
1.National Labor Relations Board (NLRB) General Counsel Peter Robb urges the Board to return to its traditional joint-employer standard. In a brief filed with the U.S. Court of Appeals for the D.C. Circuit on April 17 and...more
Intro 1445-A became effective on May 10, 2019. It is the first of its kind law in the United States, prohibiting New York City employers from requiring prospective employees to submit to testing for the presence of...more
New Mexico is the latest state to adopt statewide legislation prohibiting private employers from making inquiries into an applicant’s criminal history on the initial employment application. The state also enacted legislation...more
The New York City Council has passed a prohibition on New York City employers requiring prospective employees to submit to testing for the presence of any tetrahydrocannabinols (THC), the active ingredient in marijuana.
If...more
1.The National Labor Relations Board (NLRB) ruled that a private-sector union may not require non-member objectors (known as Beck objectors) to pay for its political lobbying expenses. United Nurses and Applied Professionals...more
A revision to New York’s election law gives workers in the state up to three hours of paid time off to vote, Governor Andrew Cuomo highlighted in an announcement released on April 1, 2019, about New York’s enacted budget for...more
The New York City Commission on Human Rights (CCHR) has released a Frequently Asked Questions (FAQs) page and other additional guidance for the City’s lactation room law, which became effective March 18, 2019.
The law...more
With the arrival of spring comes March Madness as the top Division I men’s and women’s college basketball programs compete for the national championship.
Played out over three weeks, more than 130 teams will compete for...more