In this midyear update, we cover a number of significant corporate governance developments that have taken place over the first half of the year and since our Corporate Governance 2023 Year-End Review....more
It has been more than a year since New York City’s pay transparency law, codified at Section 8-107(32) of the Administrative Code of the New York City Human Rights Law (NYCHRL), went into effect, and we are now starting to...more
2023 was, well, a mixed bag. Employers are left wondering what the future state of diversity initiatives in the workplace will look like as various forms of litigation bubble their way up, perhaps again to the U.S. Supreme...more
On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen...more
Gov. Kathy Hochul signed four bills amending the New York Labor Law this month regarding (1) employers demanding social media account information from applicants and employees, (2) providing notice of eligibility of...more
Since the U.S. Supreme Court decided in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA) that the undergraduate affirmative action admissions practices of Harvard College and the...more
New York’s Legislature concluded its legislative session with a flurry of activity, including the passage of four notable employment-related bills. In sum, these four bills (i) ban the use of non-compete agreements, (ii)...more
6/21/2023
/ Contract Terms ,
Discrimination ,
Employer Liability Issues ,
Employment Contract ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Religious Discrimination ,
Restrictive Covenants ,
State Labor Laws
On July 5, 2023, the New York City Department of Consumer and Work Protection (DCWP) will begin enforcement of Local Law 144 (Law), which regulates employers’ use of “automated employment decision tools” (AEDTs) to screen...more
On Jan. 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to publish a Notice of Proposed Rulemaking for a Non-Compete Rule (Proposed Rule), which provides that virtually all non-compete clauses with employees,...more
As we head into a new year, it is important for employers to be aware of and plan for developments in various areas of employment law that have recently taken effect or will take effect in 2023. This alert highlights those...more
On Nov. 16, 2022, the House passed the “Speak Out Act,” which President Biden is expected to sign into law. The Act limits the enforceability of pre-dispute nondisclosure and non disparagement provisions relating to disputes...more
Pay transparency laws that require disclosure of anticipated compensation for open positions (and sometimes for current positions) are increasingly being passed by states and local jurisdictions. New York City’s law goes into...more
On Sept. 20, 2022, New York City Mayor Eric Adams announced that the city will end a vaccine mandate for private sector employees that has been in effect since Dec. 27, 2021...more
On April 28, the New York City Council passed an amendment to the City’s salary disclosure law that extends the effective date of the law to Nov. 1, 2022. The amendment will go into effect upon Mayor Eric Adams’ signature,...more
On March 3, President Biden signed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The Bill amends the Federal Arbitration Act (FAA) to invalidate predispute agreements to...more
Over the past two years, developments in employment law have focused on COVID-19. But there are developments in other areas of employment law, especially in New York, that employers must be aware of and plan for in the new...more
1/11/2022
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Paid Family Leave Law ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
As discussed in Kramer Levin’s alert earlier this year, New York’s Marijuana Regulation and Taxation Act (the Act) legalized recreational cannabis for individuals age 21 and older in New York State effective March 31, 2021....more
Recent Amendments to the New York City Fair Chance Act (FCA) that took effect on July 29, 2021, significantly expand the scope of the FCA by imposing new restrictions on an employer’s ability to take adverse action against...more
On March 31, 2021, Gov. Andrew Cuomo signed the Marihuana Regulation and Taxation Act (MRTA), legalizing the recreational use of cannabis in New York State for individuals age 21 or older. ...more
4/29/2021
/ Decriminalization of Marijuana ,
Employee Rights ,
Employment Policies ,
Marijuana ,
Marijuana Regulation & Taxation Act (MRTA) ,
Medical Marijuana ,
New Legislation ,
Off-Duty Employees ,
Recreational Use ,
State and Local Government ,
State Labor Laws
On Sept. 28, 2020, Mayor Bill de Blasio signed into law amendments to the NYC Earned Safe and Sick Time Act (NYC ESSTA), which took effect on Sept. 30, 2020. These changes align the NYC ESSTA with New York State’s recently...more
Since the landmark New York Court of Appeals decision in BDO Seidman v. Hirshberg, 93 N.Y. 2d 382 (1999), the restrictive covenant landscape in New York has remained relatively constant....more
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (H.R. 6201) (the Act) into law, authorizing certain relief to employees and small and midsize businesses pertaining to the COVID-19...more
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (H.R. 6201) (the Act) into law, authorizing certain relief to employees and small and midsize businesses pertaining to the COVID-19...more
Pursuant to an Executive Order signed by Governor Cuomo, effective at 8 p.m. on March 20, 2020, all employers in New York State not deemed to be essential are required to reduce their in-person workforces by at least 75%. The...more
As they fight the spread of COVID-19, governments are taking action to reduce the burden on employees who are unable to work due to circumstances related to the pandemic. ...more