On February 8, 2024, the Supreme Court of the United States issued a decision holding that whistleblowers are not required to show “retaliatory intent” to be protected under the Sarbanes-Oxley Act of 2002, differentiating the...more
On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor...more
2/8/2024
/ Basketball ,
Collective Bargaining ,
College Athletes ,
Colleges ,
Employee Definition ,
NLRA ,
NLRB ,
SEIU ,
Student Athletes ,
Union Elections ,
Unions ,
Universities
New York recently raised the minimum salary basis thresholds for executive and administrative employees in order to satisfy the exemption from overtime, not to be confused with the separate upcoming increases to salary...more
On February 1, 2024, the First Circuit Court of Appeals held that a plaintiff alleging a violation of the Maine Equal Pay Law (MEPL) does not need to show additional discriminatory intent beyond establishing that an employer...more
Under a new law passed in October 2023, California employers must provide all current and certain former California employees with individualized written notices by February 14, 2024, advising them that any noncompete clauses...more
The U.S. Securities and Exchange Commission (SEC) in recent years has taken an aggressive stance against employers over employment agreements that the agency believes impede its whistleblower program—as highlighted by a $10...more
1/29/2024
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Enforcement Actions ,
Non-Disclosure Agreement ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On January 20, 2024, New York City enacted a law that will create a private right of action allowing employees to file lawsuits in court alleging violations of the city’s Earned Safe and Sick Time Act (ESSTA) within two years...more
The Federal Deposit Insurance Corporation (FDIC) is close to finalizing revisions to regulations regarding Section 19 of the Federal Deposit Insurance Act to align them with the Fair Hiring in Banking Act (FHBA), which eased...more
A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic...more
1/23/2024
/ Arbitration ,
Arbitration Agreements ,
Disability Discrimination ,
E-Signatures ,
Employer Liability Issues ,
Harassment ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Retaliation ,
Unconscionable Contracts ,
Unenforceable Contract Terms ,
Wrongful Termination
On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay...more
New class action and California Private Attorneys General Act (PAGA) filings have grown exponentially in recent years and reached record numbers in 2023. This trend is raising concerns for California employers as the state...more
The California Department of Industrial Relations (DIR) recently published a revised employee wage theft notice, effective January 1, 2024, that reflects legislation enacted in California in October 2023 requiring notice of...more
With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more
1/4/2024
/ Appellate Courts ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Environmental Social & Governance (ESG) ,
Evidence ,
Evidentiary Standards ,
Reverse Discrimination ,
Sexual Orientation ,
Title VII
New York Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free Act,” which will provide protections for freelance workers, mirroring those already provided in New York City....more
The California Department of Industrial Relations (DIR) recently released new guidance clarifying how employers using mandatory paid sick leave accrual and caps may transition to the increased amount of forty hours or five...more
On December 12, 2023, New York lawmakers formally delivered a bill to Governor Kathy Hochul’s desk for signature that would ban nearly all types of noncompete agreements in employment. The legislature and governor’s office...more
During recent oral arguments in a case that could shift the balance in employment discrimination cases and impact employer diversity, equity, and inclusion (DEI) and environmental, social, and governance (ESG) initiatives,...more
The U.S. Department of Health and Human Services (HHS) has announced a plan to provide resources and incentives for the healthcare industry to adopt cybersecurity measures and to increase potential regulatory penalties for...more
Beginning on July 1, 2024, New York City employers will be required under a newly enacted city law to distribute and post a city-created “Workers’ Bill of Rights” notice informing employees of their employment rights....more
On December 5, 2023, the Supreme Court of the United States vacated a case over whether a self-proclaimed “tester” had standing to bring Americans with Disabilities Act (ADA) claims against a hotel that she did not plan to...more
New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations...more
On November 27, 2023, the California Privacy Protection Agency (CPPA) unveiled draft automated decisionmaking technology (ADMT) regulations that would set forth new consumer protections related to the profiling of consumers...more
11/30/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Data Profiling ,
Employer Responsibilities ,
Notice Requirements ,
Opt-In ,
Opt-Outs ,
Personal Information ,
Proposed Regulation ,
Public Comment ,
Regulatory Authority ,
Right-To-Access ,
Risk Assessment ,
Tracking Systems
On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. The legislation is intended in part to prevent discrimination in hiring against...more
11/28/2023
/ Amended Legislation ,
Anti-Discrimination Policies ,
Background Checks ,
Criminal Background Checks ,
Criminal Convictions ,
Criminal Records ,
Hiring & Firing ,
Human Rights Code ,
Misdemeanors ,
New Legislation ,
Sealed Records ,
State Labor Laws
The New York City ordinance banning discrimination in employment, housing, and public accommodations on the basis of an individual’s height and weight is set to go into effect on November 22, 2023....more
A star of a popular long-running reality TV was fired from her real estate job according to recent news reports over allegations that she used a racial slur during filming of the show. While an investigation into the incident...more