News & Analysis as of

Human Resources Professionals Employer Liability Issues New York

Epstein Becker & Green

NYC ESSTA’s New Private Right of Action Gives Employers a Reason for Action … to Review Safe and Sick Leave Policies

In the latest paid leave law development out of New York, the New York City Council amended the City's Earned Safe and Sick Time Act (ESSTA) to create a private right of action....more

Brownstein Hyatt Farber Schreck

New Year, New Life for New York Noncompete Negotiations

On Dec. 22, 2023, Gov. Kathy Hochul (D-NY) vetoed a bill to outlaw all noncompete clauses in the state of New York. The law also would have vacated all current agreements that prevent workers from leaving their employers for...more

Epstein Becker & Green

New York State Follows New York City in Enacting Freelance Worker Protections

On November 22, 2023, New York Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “State Act”), Senate Bill S5026. This new law (codified as a new Section 191-d of the New York Labor Law) will require written...more

Epstein Becker & Green

New York Further Restricts Agreements Involving Claims of Discrimination, Harassment, or Retaliation

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On November 17, 2023, New York Governor Kathy Hochul signed into law Senate Bill 4516 (the “Act”). The Act amends Section 5-336 of the New York General Obligations Law to (1) prohibit employers from including certain...more

Epstein Becker & Green

New York Restricts Assignment of Employee Intellectual Property

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On September 15, 2023, New York Governor Kathy Hochul signed SB 5640 into law, adding New York to the growing list of states that restrict the enforcement of employee intellectual property assignment agreements....more

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New York State Department of Labor Releases Model Policy on Breast Milk Expression in the Workplace

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Shortly before amendments to New York State’s Nursing Mothers in the Workplace Act (the “Act”) took effect on June 7, 2023, the New York State Department of Labor (NYSDOL) published a model breast milk expression in the...more

Brownstein Hyatt Farber Schreck

New York State’s Pending Non-Compete Ban: Potential Impact on Corporate Transactions

A bill that would ban nearly all forms of non-competition restrictions in New York passed both houses in the state legislature and is now with Gov. Kathy Hochul to sign into law. If signed, this would have profound...more

Epstein Becker & Green

New York State Publishes Final Updates to Model Sexual Harassment Prevention Policy and Training Materials

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The New York State Department of Labor (NYSDOL) recently released final—and significant—substantive changes to New York State’s model sexual harassment prevention policy (the “Final Updated Model Policy”) and related...more

Epstein Becker & Green

A New Protected Activity for New York Employees: “Lawful Absences”

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The 2023 President’s Day weekend will bring a significant change affecting almost all employers in New York State. Governor Kathy Hochul signed Assembly Bill A8092B (“the bill”) into law on November 21, 2022, approving...more

Epstein Becker & Green

Playing by the Rules: NYC Proposes Amendments to Enforcement Rules for Earned Safe and Sick Time Act

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When New York City amended its Earned Safe and Sick Time Act (NYC ESSTA) two years ago to align with New York State’s Paid Sick Leave Law (NYS PSLL) more closely, Big Apple employers found themselves with limited formal...more

Wilson Sonsini Goodrich & Rosati

New Pay Transparency Laws in California and New York City Impose Disclosure Obligations for Any Position That Can Be Performed in...

California and New York City are joining Colorado and Washington state in imposing pay range disclosures in job postings. On November 1, 2022, covered employers will be required to include the salary range in a job posting...more

Wilson Sonsini Goodrich & Rosati

The Use of Artificial Intelligence Tools in Employment Decisions Can Lead to Violations of the ADA and New York City Law

Employers’ use of artificial intelligence (AI) tools in making hiring and other employment decisions is drawing increased scrutiny. The Equal Employment Opportunity Commission (EEOC) published guidance on how employers’ use...more

Epstein Becker & Green

2022 Pay Equity Trends and Strategies for Complying with Pay Range Disclosure Requirements in New York City and California

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Two recent developments in equal pay laws—salary range disclosure and pay data reporting—are forcing employers in certain jurisdictions to review their pay practices and begin addressing pay equity if they are not doing so...more

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New York State Act Would Bolster Employees’ Lactation Rights in the Workplace

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The New York State legislature passed S4844-B (the “Act”) on May 3, 2022, which would expand the rights of nursing employees to express breast milk in the workplace....more

Epstein Becker & Green

Whistleblower Notice Released by New York State Department of Labor

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As we previously reported, on January 26, 2022, amendments to New York’s whistleblower law took effect that significantly expand the scope and coverage of whistleblower rights and protections for workers who allege they have...more

Katten Muchin Rosenman LLP

New Year, New Requirements for New York Employers - Published by Kattison Avenue/Katten Kattwalk | Issue 1

Employers in New York should be aware of the following key legal requirements and employee protections coming into effect in 2022: Workplace Vaccine Mandate: All workers in New York City who perform in-person work or...more

Epstein Becker & Green

New York Rings in 2022 with Employment Law Updates

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The city (and state) that never sleeps kept busy last year, enacting various laws that affect New York State and City employers in 2022. Below are some of the more recent enactments that employers should pay particular...more

Epstein Becker & Green

Update Your NYC Job Postings—Employers Will Need to Display Salary Ranges

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Following the state of Colorado’s lead, on December 15, 2021, the New York City Council enacted Int. 1208-B (the “Bill”), which requires most employers advertising job openings for positions performed in New York City to...more

Epstein Becker & Green

New York City Is Poised to Require Employers to Provide Paid COVID-19 Child Vaccination Leave

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As we previously reported, New York was one of the first states to require employers to provide paid COVID-19 vaccination leave for public and private employees. On November 23, 2021, the New York City Council approved a...more

Epstein Becker & Green

NYC Releases Guidance for Private Employers on the New Vaccine Mandate

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On December 15, 2021, New York City followed up on the recently announced vaccine mandate for private employers by releasing further details, including several guidance documents and mandatory signage. The New York City...more

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Monitoring Employee Email and Devices: New York Will Require Employers to Provide Notice

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Employers that monitor their employees’ electronic activities should note that New York State will soon require employers to (i) provide written or electronic notice to employees upon hiring of such monitoring in the...more

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Whistleblower Protections for Employees Expand in New York

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New York Governor Kathy Hochul recently signed legislation that expands one of the state’s whistleblower laws with significant revisions (“Amendments”) to NY Labor Law § 740 (“Section 740”). The Amendments increase coverage...more

Epstein Becker & Green

Amendments to New York City’s Fair Chance Act Require Most NYC Employers to Revamp Hiring Protocols

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As we previously advised, the City of New York amended its Fair Chance Act (“FCA”)—also known as the “ban the box” law—which limits the types of inquiries employers can make regarding criminal history during the hiring...more

Epstein Becker & Green

Employers Have 30 Days to Adopt Conforming Plans

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The clock is now running: New York employers have until August 5, 2021, to adopt workplace safety plans, in accordance with the NY HERO Act (“Act”). As we previously reported, Governor Andrew Cuomo signed the Act into law on...more

Epstein Becker & Green

The State of Emergency in New York Is Over: What That Means for Employers

Last week, New York Governor Andrew Cuomo announced that the state disaster emergency he declared on March 7, 2020, due to COVID-19 would officially end after June 24, 2021. He then signed Executive Order No. 210, which...more

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