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Recent Ransomware Attacks Highlight the Evolving Challenges in Responding to Cyber Extortion

A spate of recent ransomware attacks illustrates the increasingly difficult calculations that businesses face following the theft or encryption of their data....more

Multistate Coalition of State Attorneys General Secures $49.5 Million from Cloud Company Blackbaud for 2020 Data Breach

State regulators across the country continue to increase their focus on cyber security and data privacy compliance and enforcement. For years, cloud company Blackbaud, a service provider to thousands of nonprofit enterprises,...more

EEOC Proposes New Enforcement Guidance on Harassment in the Workplace

On September 29, 2023, the Equal Employment Opportunity Commission (“EEOC”) published new proposed enforcement guidance ("the Proposed Guidance”) on harassment in the workplace. This is the first proposed EEOC guidance on...more

NYC Department of Consumer and Worker Protection Issues Final Rules Under NYC's Earned Safe and Sick Time Act

In September 2023, the New York City Department of Consumer and Worker Protection (“the Department”) finalized amendments to rules (“final rules”) under the New York City Earned Safe and Sick Time Act (“ESSTA”). These rules...more

New York City Bans Employment Discrimination Based on Height and Weight

On May 26, 2023, Mayor Adams signed into law an amendment to the New York City Human Rights Law, banning discrimination on the basis of an individual’s height or weight. The law will become effective on November 22, 2023. ...more

Joining Other Government Regulators, NLRB GC Seeks to Curb Most Non-Compete Agreements

On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo took yet another step to ban restrictive covenants in the employment context. In a memo issued to all regional offices, she set forth...more

New York City Adopts Final Rule on Use of Artificial Intelligence in Employment Screening and Hiring Process

In November 2021, the New York City Council passed a bill requiring that artificial intelligence (“AI”) tools used by employers to make or assist in hiring decisions or internal promotions undergo bias audits to screen for...more

The End to Mandatory Arbitration of Sexual Assault and Sexual Harassment Disputes

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021” (the “Act”). The Act amends the Federal Arbitration Act (the “FAA”) to give individuals asserting...more

DOJ Issues New Guidance for Charging CFAA Cases

In a significant development in anti-hacking criminal enforcement, the Department of Justice last week released new guidance for charging violations of the Computer Fraud and Abuse Act (“CFAA”), the nation’s premier computer...more

New York Employees Now Entitled to Paid Leave for COVID-19 Vaccination

New law provides up to four hours of paid leave for vaccination: On March 12, 2021, New York Governor Andrew Cuomo signed legislation entitling New York employees to up to four hours of paid leave to receive COVID-19...more

New York State Issues New Guidance Clarifying Eligibility for COVID-19 Leave

On January 20, 2021, the New York State Department of Labor issued new guidance on the State’s COVID-19 leave law, which requires that employers provide up to fourteen days of job-protected leave to eligible employees who are...more

The EEOC Issues Clarifying Guidance about COVID-19 Vaccines in the Workplace

Last week, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance to address workplace issues related to COVID-19 vaccines, including mandatory vaccination policies. According to the EEOC,...more

Supreme Court Hears Oral Argument in Landmark CFAA Case

The United States Supreme Court heard oral argument on Monday in Van Buren v. United States, No. 19-783, a landmark case involving a key provision of the Computer Fraud and Abuse Act (“CFAA”). At issue was whether a person...more

Amendments to the New York City Earned Safe and Sick Time Act

In April 2020, Governor Andrew Cuomo signed into law new paid sick/safe leave requirements for all New York State employers (the “State Law”). We provided a summary of the State Law in our previous client alert. On...more

Reminder to New York Employers: Sick-Leave Law Compliant Policy due September 30, 2020

As we mentioned in an earlier post, New York recently enacted a permanent sick leave policy requiring all employers in New York State, regardless of size, to provide sick leave to their employees. Although employers are not...more

Capital One to Pay $80 Million Fine for 2019 Data Security Hack

As we previously reported, Capital One Financial Corporation announced in July 2019 a major data security breach when an individual gained unauthorized access to personal information about Capital One credit card customers. ...more

Update on New York State’s COVID-19 Sick Leave: Employees Who Engage in Non-Essential Travel to High Risk States Are Ineligible

On March 18, 2020, New York Governor Andrew Cuomo signed into law legislation (the “Act”) providing all New York employees with COVID-19-related sick leave (discussed in our previous alert). On June 24, 2020, Governor Cuomo...more

Supreme Court Holds LGBTQ+ Workers Protected Nationwide

In a landmark decision issued on Monday, Bostock v. Clayton County, the Supreme Court ruled that workers across the United States cannot be fired or otherwise discriminated against for being gay, lesbian, or transgender. ...more

EEOC Issues Guidance on the Permissibility of Mandatory COVID-19 Testing in the Workplace

On April 23, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance clarifying that employers may conduct mandatory testing of employees for COVID-19 before they enter the workplace so long as the...more

COVID-19 Update: Additional Guidance and Developments for Employers

As the COVID-19 pandemic and ensuing widespread shutdown of workplaces around the country continues (and for New Yorkers is expected to continue through at least May 15), government agencies have been busy issuing guidance...more

New York Statewide Paid Sick Leave is Here to Stay

Effective January 1, 2021, the majority of workers in New York will receive paid sick leave. On April 2, 2020, as part of New York’s budget approval process, the New York legislature and Governor Cuomo enacted a permanent...more

New York Court of Appeals Delivers News to Employers in Postmates Case: Couriers are Employees, Not Independent Contractors

The New York State Court of Appeals recently issued a decision in a closely-watched case that helps to clarify the landscape regarding independent contractors and employees in the gig economy. In In the Matter of the Claim...more

Documentation Requirements for COVID-19-Related Leave

As employees begin requesting leave under the recently-passed New York legislation providing COVID-19-related sick leave (the “New York Act”) and the Families First Coronavirus Response Act (the “FFCRA”), employers should...more

CARES Act: Unemployment Relief

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”), a $2 trillion COVID-19 relief and stimulus package that offers extraordinary financial...more

COVID-19 Cybersecurity Threats Spiral as Businesses Implement Prophylactic Security Measures

As businesses increasingly shift to remote working environments, the COVID-19 public health pandemic presents new cybersecurity challenges each day. As we discussed in our earlier post, hackers are actively targeting...more

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