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Second Circuit Casts Doubt on Overly Restrictive Arbitration Clauses in ERISA Plans

Employers in New York, Connecticut and Vermont should revisit their employee benefit plan documents if they believe that any of their plans may have an arbitration clause for the resolution of Employee Retirement Income...more

The U.S. Department of Labor Raised the Minimum Salary Level for Most Exemptions: Your Exempt Employees May Need to Be Paid...

The United States Department of Labor (the “DOL”) issued its final rule on April 23, 2024, increasing the minimum salary level for the so called “white collar” employees to be exempt from overtime pay under the Fair Labor...more

Federal Trade Commission’s Ban on Employee Noncompetes

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a final rule that broadly bans the vast majority of employment related noncompete provisions. Specifically, the rule prohibits employers from...more

January 2024: Resolve to Review Employee Classifications and Salary

Recent and upcoming changes to federal regulations and New York laws make this the ideal time and opportunity for employers to review – and possibly change – worker classifications....more

New York State Voids Employment-Related Releases in Settlement Agreements with Common Provisions

Effective November 17, 2023, New York law was amended to void releases of discrimination, harassment and/or retaliation claims if the settlement agreement has certain common provisions regarding confidentiality,...more

New York Enacts Law Limiting Assignment of Inventions to Employers

Most employee confidentiality and similar agreements contain an assignment of invention provision. These typically provide that all employee inventions created during the employee’s employment are assigned to or owned by the...more

Top 4 Employer AI Risks And How To Mitigate Them

The explosive growth of generative artificial intelligence continues to captivate our curiosity. Generative AI is a type of artificial intelligence system capable of generating human-like text, images or other media in...more

NYC Begins Enforcement of the Automated Employment Decision…

On July 5, 2023, New York City began enforcing NYC Local Law 2021/144 (the “Law”), which regulates employers’ use of automated employment decision tools (AEDTs) in screening candidates for employment or employees for...more

New York’s Bill Banning Noncompetes

Following the Federal Trade Commission’s (FTC) proposed ban on noncompetes and the General Counsel of the National Labor Relations Board’s internal memo opining that most noncompetes violate the National Labor Relations Act,...more

Friendly Employee Pastures in the Garden State: NJ Enacts Temporary Workers’ Bill of Rights Law

New Jersey Governor Phil Murphy recently signed into law the “Temporary Workers’ Bill of Rights” (the “Law”), which provides significant rights and protections for temporary workers, and imposes burdensome obligations on the...more

Action Alert: Form I-9 (Employment Eligibility Verification) Documentation Inspections

The temporary flexibilities allowed by the U.S. Department of Homeland Security (DHS) with respect to the physical presence requirements of Form I-9 documentation will end as of July 31, 2023. Employers must complete...more

Employers Take Note: New York City Law Prohibits Discrimination Based on Height and Weight

On May 26, 2023, Mayor Eric Adams signed a bill into law amending New York City’s anti-discrimination statute to include height and weight among the list of protected classes. Accordingly, employers will now have to consider...more

New York State Updated Its Model Sexual Harassment Policy

The New York State Department of Labor (the “NYSDOL”) recently updated its Model Sexual Harassment Policy for all employers. The NYSDOL also released an updated model training slide presentation and training video. As a...more

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