In October, the U.S. Equal Employment Opportunity Commission (EEOC) was restored to its full decision-making power for the first time since January. If confirmed by the Senate, the EEOC will soon be headed by a long-time...more
With Zohran Mamdani emerging as a leading candidate in New York City’s upcoming mayoral election, employers should prepare for a potential shift toward more progressive labor and employment policies. While campaign platforms...more
New York City employers may soon face sweeping changes to their paid leave obligations. On September 25, 2025, the City Council passed a major expansion to the city’s Earned Safe and Sick Time Act (ESSTA). The legislation now...more
On September 5, 2025, New York Senate Bill S.8034A was signed into law by Gov. Kathy Hochul, effective immediately. The law amends Section 715 of the New York State Labor Relations Act, permitting the New York Public...more
The Fair Labor Standards Act (FLSA) in 2013 issued a rule that prohibited third-party employers such as home care providers from claiming either the minimum wage or overtime exemption, thus narrowing the definition of exempt...more
On June 27, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) No. 2025-3 which formally prohibits WHD from seeking or collecting liquidated (double) damages in any...more
The U.S. Court of Appeals for the Fifth Circuit has issued a decision that could reshape the landscape of federal labor law. In SpaceX, et al. v. NLRB, the court held that the National Labor Relations Board’s structure –...more
8/25/2025
/ Appeals ,
Constitutional Challenges ,
Corporate Counsel ,
Federal Labor Laws ,
NLRA ,
NLRB ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation ,
Unfair Labor Practices ,
Unions
In a recent Second Circuit decision from March, Tudor v. Whitehall Central School District, the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA)....more
The U.S. Court of Appeals for the Second Circuit on April 8, 2025, clarified the scope of “marital status” discrimination under the New York City Human Rights Law (NYCHRL). In Hunter v. Debmar-Mercury LLC, et al., the Second...more
With any change in political climate, it is hard for employers to navigate the statements of employees, both during the workday and their off time. Employees who make their political positions public often point to the First...more
The U.S. Supreme Court on June 5 rendered an opinion in Ames v. Ohio Department of Youth Services (Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025).), resolving a circuit split regarding the applicable standard...more
Federal and California agencies have increased their focus on how AI and automated decision-making tools are being used in hiring, promotions, and employment screening processes. Employers using such technologies may be...more
New York Labor Law (NYLL) Section 191 mandates that employers pay employees their wages within a certain frequency depending on the classification of employees. For employees that meet the definition of a “manual worker,” the...more
In Musker v. Suuchi, Inc., the New Jersey Supreme Court addressed whether commissions are considered “wages” under New Jersey’s Wage Payment Law (NJWPL) after a salaried employee sued her employer for allegedly withholding...more
As we move further into 2025, the employment law landscape continues to evolve rapidly, driven by significant regulatory changes and emerging workplace dynamics. For employers and counsel, staying ahead of these trends is...more
As of June 1, New Jersey will join a growing number of states requiring pay transparency in job postings. The Pay Transparency Act that New Jersey Gov. Phil Murphy signed into law mandates employers post internal and external...more
Having to compensate employees for time spent not working can be counterintuitive, but under certain circumstances, it is an employer’s obligation. Recently, the Third Circuit Court of Appeals affirmed a District Court...more
Summary The U.S. Equal Employment Opportunity Commission (EEOC) has released new guidance addressing the use of wearable technologies in the workplace. These devices, which range from fitness trackers to biometric monitors,...more
1/9/2025
/ Americans with Disabilities Act (ADA) ,
Bias ,
Civil Rights Act ,
Consent ,
Data Collection ,
Data Privacy ,
Data Protection ,
Employee Rights ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Privacy Laws ,
Reasonable Accommodation ,
Title VII ,
Wearable Technology
It is unavoidable. Despite an employer’s best efforts when hiring, every employer has to deal with employee-performance issues, such as bad attitude, poor attendance, or problems getting along with co-workers. In this...more
New for employers in 2025: both New York State and federal laws mandate various paid and unpaid leaves and breaks for employees in 2025. Join Goldberg Segalla attorneys Scott Green and Chloe Nowak for a review of the changes...more
It’s the time of year when companies hold end-of-year celebrations and festivities for the holidays. As employers prepare for these gatherings, there are a few things they should keep in mind to reduce the chances of HR...more
Late this past summer, the Department of Justice (DOJ) launched a new initiative to crackdown on corporate misconduct. Beginning August 1, whistleblowers can submit original information to the DOJ regarding various types of...more
11/6/2024
/ Corporate Misconduct ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Financial Institutions ,
Healthcare ,
Healthcare Fraud ,
Insurance Industry ,
Pilot Programs ,
Securities ,
Whistleblower Protection Policies ,
Whistleblowers
Effective June 19, 2024, New York Labor Law § 206-c was amended to provide employees a 30-minute paid break to express breast milk. This 30-minute paid break time to express milk in the workplace is applicable to all public...more
New York’s Freedom of Information Law (FOIL) is the state version of the federal Freedom of Information Act, commonly referred to as FOIA. New York’s FOIL has experienced dramatic changes in recent years. As previously...more
In a post last year, we discussed how examining the EEOC’s annual reports and Strategic Enforcement Plan could provide guidance as to how the agency intends to allocate its resources and enforcement efforts in the upcoming...more