On December 28, 2022, Governor Kathy Hochul signed into law an amendment to Section 2 of the New York Health and Essential Rights Act (NY HERO Act). As we previously reported, among its other provisions, the NY HERO Act...more
On January 23, 2023, the New York City Department of Consumer and Worker Protection (DCWP) held a public hearing on updated proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law...more
1/25/2023
/ Artificial Intelligence ,
Automation Systems ,
Background Checks ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Municipalities ,
Proposed Rules ,
Public Hearing ,
Screening Procedures ,
Strategic Enforcement Plan
In accordance with its quadrennial obligation to evaluate the impact of New York State’s Model Sexual Harassment Prevention Policy in the workplace, on January 12, 2023, the New York State Department of Labor (NYSDOL), in...more
On December 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) published updated proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law 144). The law...more
On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in...more
12/22/2022
/ ADEA ,
Age Discrimination ,
Compensatory Damages ,
Employer Liability Issues ,
Employment Litigation ,
Jury Trial ,
McDonnell Douglas Formula ,
Proportionality ,
Punitive Damages ,
Termination ,
Virgin Islands ,
Wrongful Termination
As we previously reported, on September 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) published proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local...more
On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. Specifically,...more
On October 25, 2022, the Supreme Court of the State of New York, Richmond County, upheld a challenge to New York City’s vaccine mandate for public-sector employees, ordered the immediate reinstatement of and back pay...more
11/2/2022
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Infectious Diseases ,
NY Supreme Court ,
Popular ,
Public Employees ,
Public Employers ,
Public Health ,
Vaccinations ,
Workplace Safety
On September 23, 2022, the New York City Department of Consumer and Worker Protection published proposed rules to implement the city’s automated employment decision tools (AEDT) law. The law, which will take effect on...more
As we previously reported, restrictions concerning the use of automated tools to screen candidates for employment or employees for promotion within New York City are scheduled to take effect on January 1, 2023. The New...more
Under an amendment to the New York Civil Rights Law that will take effect on May 7, 2022, private-sector employers that monitor their employees’ use of telephones, emails, and the internet must provide notice of such...more
On April 11, 2022, U.S. Virgin Islands Governor Albert Bryan Jr. signed into law Act No. 8553, “The Creating a Respectful and Open World for Natural Hair Act of 2022” or “The Virgin Islands Crown Act of 2022,” which prohibits...more
On January 26, 2022, amendments to New York’s whistleblower protection law, codified at section 740 of the New York Labor Law (NYLL), took effect. As we previously reported, these amendments significantly expand the scope of...more
On December 22, 2021, the New York State Department of Labor (NYSDOL) published highly anticipated final regulations in the New York State Register regarding New York State Paid Sick Leave (PSL), which went into effect on...more
Employers and employment agencies in New York City that currently utilize, or expect to utilize, automated tools to make employment decisions may wish to begin planning now for restrictions that will take effect on January 1,...more
1/7/2022
/ Analytics ,
Artificial Intelligence ,
Automated Systems ,
Data Collection ,
Disclosure Requirements ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Machine Learning ,
Penalties
On December 22, 2021, the New York State Department of Labor (NYSDOL) published highly anticipated proposed regulations in the New York State Register regarding section 2 of the New York Health and Essential Rights Act (NY...more
On November 8, 2021, New York Governor Kathy Hochul signed into law an amendment to the New York Civil Rights Law that requires employers with places of business in the state to provide prior notice concerning the monitoring...more
As we previously reported, on September 6, 2021, New York State Commissioner of Health Howard A. Zucker issued a designation determining COVID-19 to be “a highly contagious communicable disease that presents a serious risk of...more
In accordance with the New York Health and Essential Rights Act (NY HERO Act), on July 6, 2021, the New York State Department of Labor (NYS DOL), in consultation with the New York State Department of Health, published the...more
10/4/2021
/ Employer Responsibilities ,
Health and Essential Rights (HERO) Act ,
Health and Safety ,
Healthcare Facilities ,
Independent Contractors ,
Infectious Diseases ,
NYDOL ,
Occupational Exposure ,
Safety Precautions ,
Safety Programs ,
Workplace Safety
On September 6, 2021, New York State Commissioner of Health Howard A. Zucker designated COVID-19 as “a highly contagious communicable disease that presents a serious risk of harm to the public health in New York State.” As a...more
The New York attorney general’s August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation Into Allegations of Sexual Harassment by...more
On May 5, 2021, New York State Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which “mandates extensive new workplace health and safety protections in response to the COVID-19...more
7/12/2021
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Forms ,
Governor Cuomo ,
Infectious Diseases ,
Model Forms ,
New Legislation ,
OSHA ,
Safety Precautions ,
State Health Departments ,
Workplace Safety
On June 23, 2021, the Supreme Court of the United States issued its decision in Mahanoy Area School District v. B.L., No. 20-255 (2021), holding that a student’s off-campus social media posts critical of her school...more
On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates workplace health and safety protections from any airborne infectious disease that the...more
6/17/2021
/ Amended Legislation ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Governor Cuomo ,
Guidance Update ,
Infectious Diseases ,
OSHA ,
Safety Precautions ,
State Labor Departments ,
State Labor Laws ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
Echoing his mantra of building back better, on May 5, 2021, New York State Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates extensive new workplace health and safety...more
5/6/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Responsibilities ,
Governor Cuomo ,
Health and Safety ,
Infectious Diseases ,
New Legislation ,
OSH Act ,
OSHA ,
Preemption ,
Re-Opening Guidelines ,
Workplace Safety