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U.S. NLRB makes it more likely to deem companies as joint-employers

The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial...more

Employers take note: New I-9 forms required

Beginning November 1, 2023, all U.S.-based employers must use the revised Form I-9, Employment Eligibility Verification, edition date 08/01/23, when completing the employment eligibility verification process for employees....more

NLRB releases long-awaited employee handbook decision

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) finally released its much-anticipated decision in Stericycle, Inc., 372 NLRB No. 113 (2023). The Board re-examined its prior precedent and overturned...more

Effective June 21, 2023, the New York Mini-WARN Act became increasingly complex

On June 21, 2023, the New York State Department of Labor amended the New York Worker Adjustment and Retraining Notification Act (NY Mini-WARN Act). The updated regulations took effect immediately....more

NLRB decision reverts Trump Board independent contractor test to Obama-era multi-factor test

The National Labor Relations Board (NLRB) has just weighed in on independent contractors – and has overturned the Trump-era standard in favor of the more complex Obama-era standard. In The Atlantic Opera, 372 NLRB 95 (2023),...more

NLRB purports to limit severance agreements: What this means for employers

On February 21, 2023, the National Labor Relations Board (Board) issued a decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), holding that non-disparagement and confidentiality provisions included in a...more

New York City solicits feedback on second set of automated employment decision tool regulations

New York City’s Local Law 144 prohibits employers and employment agencies from using “automated employment decision tools” (AEDTs) to assess hiring and promotion decision unless such tools have undergone an independent bias...more

FTC proposes rule to ban nearly all employee non-compete agreements

On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with...more

The Speak Out Act may require updates to pre-dispute employment agreements

President Biden recently signed into law the Speak Out Act (S. 4524), which prohibits enforcement of pre-dispute nondisclosure and nondisparagement agreements in connection with sexual assault and sexual harassment disputes....more

New York City delays enforcement of law on artificial intelligence in employment decisions

New York City’s new law concerning artificial intelligence in employment decisions will still go into effect on January 1, 2023, but enforcement has been delayed until April 15, 2023. NYC employers subject to the law should...more

NYC salary transparency law likely to remain unchanged; additional guidance provided

The New York City pay transparency law remains likely to become effective May 15, 2022, despite a bill that has been introduced which would delay the effective date until November. ...more

NYC employers must include salary range for open positions beginning April

Beginning in April 2022, NYC employers with four or more employees must include the salary range of the position in job postings. The law, which passed on January 15 after the mayor did not take action to veto, amends the New...more

Supreme Court blocks OSHA vaccine-or-test mandate; allows enforcement of CMS healthcare mandate

On January 13, the United States Supreme Court reinstituted a stay on the Occupational Safety and Health Administration Emergency Temporary Standard (OSHA ETS), which mandates that employers with 100 or more employees require...more

OSHA “vaccination-or-test” ETS stay lifted – how should covered employers respond?

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted a stay on the Occupational Safety and Health Administration's "vaccination-or-test" Emergency Temporary Standard (ETS), allowing the ETS to take...more

NYC issues employer vaccine mandate

On December 6, New York City announced that beginning December 27 it would require all private employers to require their employees to show proof of COVID-19 vaccination before entering the workplace. Since the announcement,...more

Task Force announces details of federal contractor vaccine mandate

The Safer Federal Workforce Task Force (Task Force) has issued its guidance (Guidance) regarding the COVID-19 safety protocols that federal contractors must implement under President Biden’s recent Executive Order 14042. The...more

COVID-19 designated as an “airborne infectious disease”; NY Hero Act plans must be implemented

On September 6, 2021, Governor Hochul declared COVID-19 as an “airborne infectious disease” thereby triggering the NY Hero Act. We previously wrote about how the NY Hero Act did not require immediate implementation since...more

New York set to amend the New York Hero Act

As we previously discussed, on May 5, 2021, Governor Cuomo signed the NY Hero Act (the Act) into law, codifying health and safety protocols in response to the COVID-19 pandemic. ...more

OSHA issues updated COVID-19 guidance for non-healthcare settings

On June 10, 2021, the same day that it released its long-anticipated COVID-19 emergency temporary standard (ETS) for healthcare settings (which we discuss here), the U.S. Occupational Safety and Health Administration (OSHA)...more

OSHA issues COVID-19 emergency temporary standard for healthcare settings

On June 10, 2021, the U.S. Occupational Safety and Health Administration (OSHA) released the first nationwide emergency workplace safety rule per President Joe Biden’s January executive order directing the agency to pursue an...more

EEOC releases guidance on permissible vaccine incentives and other COVID-19 vaccine issues

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its “What you should know about COVID-19” Frequently Asked Questions (the FAQs), answering questions many employers have had regarding COVID-19...more

New York set to require new workplace health and safety protections

On April 21, 2021, both houses of the New York Legislature announced passage of the NY Hero Act, which will require employers to implement extensive new workplace health and safety protections in response to the COVID-19...more

OSHA issues guidance on when employers should record adverse vaccine reactions

On April 20, 2021, the U.S. Occupational Safety and Health Administration (OSHA) updated its FAQs with guidance stating that employers who require their employees to get vaccinated as a condition of employment may need to...more

OSHA COVID-19 Emergency Temporary Standard placed on “hold”

On April 6, 2021, the U.S. Department of Labor Secretary Marty Walsh placed a “hold” on the implementation of a potential U.S. Occupational Safety and Health (OSHA) COVID-19 Emergency Temporary Standard (ETS), which would set...more

New York issues guidance on paid vaccination leave law

As we previously discussed, New York passed legislation on March 12, 2021 to provide employees in the state with up to four hours of paid leave for each COVID-19 vaccination injection they receive. On March 21, 2021 ...more

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