Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act...more
First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v....more
The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more
1/16/2025
/ Compliance ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Rights ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Paid Leave ,
Paid Time Off (PTO) ,
State Labor Laws ,
Wage and Hour
Effective May 11, 2025, New York City employers will be required to physically and electronically post a copy of their written lactation room accommodation policy.
Recently enacted Local Law 109 amends existing language...more
The New York State Department of Labor (NYDOL) has issued informal guidance regarding the Paid Prenatal Leave benefit that will be available to New York employees beginning January 1, 2025. The guidance includes general...more
As we approach the new year, employers should keep in mind that several updates to the New York Paid Family Leave Law (“NYPFLL”) are scheduled to take effect on January 1, 2025....more
With Election Day quickly approaching, it is the right time for employers to refresh themselves on the various protections that may exist for their employees when it comes to voting and other political activities. Below is...more
On September 5, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act, a bill amending the New York Labor Law to impose certain workplace violence prevention requirements on covered retail...more
Effective June 19, 2024, the New York State Labor Law (“NYSLL”) is amended to require employers to provide 30 minutes of paid break time for breast milk expression.
As we previously reported, the amendment was signed...more
On May 21, 2024, Governor Ned Lamont signed into law HB 5005, which significantly expands the state’s existing paid sick leave law as described below.
Covered Employers and Employees -
While Connecticut was the first...more
On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more
Following the COVID-19 pandemic, the number of employers with remote employees has significantly increased. Employers are reminded to monitor employment laws and ensure compliance in all jurisdictions in which they have...more
On August 11, 2023, the EEOC issued a proposed rule regarding the Pregnant Workers Fairness Act (“PWFA”). The PWFA, which took effect on June 27, 2023 requires covered employers to provide reasonable accommodations to...more
The New York State Department of Labor (“NYS DOL”) issued updated regulations under the New York State Worker Adjustment and Retraining Notification (WARN) Act (“the Act”), which requires covered employers to provide 90 days’...more
With the U.S. Supreme Court poised to reverse course on affirmative action, companies may soon find their corporate diversity and inclusion programs facing scrutiny. The court this term is considering whether to overturn the...more
The New York City Council has approved an ordinance that, if enacted, would amend the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination in employment, housing and access to public accommodation based on an...more
As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency. However, the rollback of COVID-19 requirements was already underway in many state and municipal...more
5/9/2023
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Sick Leave ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The New York State Department of Labor (“DOL”) has released its long-awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention. As we...more
On January 12, 2023 the New York State Department of Labor (“DOL”) issued an updated Proposed Sexual Harassment Prevention Model Policy which, among other things, addresses remote work, gender identity and bystander...more
There is no doubt that 2022 was an eventful year in employment law. In this post, we review some key developments from the prior year that employers should be aware of and hot topics to watch out for as we move forward into...more
1/9/2023
/ Artificial Intelligence ,
Data Collection ,
Diversity ,
Employee Monitoring ,
Fast-Food Industry ,
Independent Contractors ,
Job Ads ,
Mandatory Arbitration Clauses ,
Misclassification ,
Non-Disclosure Agreement ,
OFCCP ,
Paid Leave ,
Pay Transparency ,
Private Attorneys General Act (PAGA) ,
Sexual Assault ,
Sexual Harassment
With the arrival of the new year comes the effective date of many new leave laws (and expansion of existing leave laws) across the United States. Below we summarize family and sick leave laws that will take effect across...more
12/26/2022
/ California ,
Colorado ,
Employer Liability Issues ,
Employment Policies ,
Leave of Absence ,
New York ,
Oregon ,
Paid Family Leave Law ,
Paid Leave ,
Policies and Procedures ,
Popular ,
Sick Leave ,
State and Local Government
Effective December 31, 2022, the Philadelphia, Pennsylvania Employer Commuter Transit Benefit Program requires covered employers to make available for all covered employees a mass transit and bicycle commuter benefits...more
As we previously reported, as of November 1, 2022, New York City’s salary transparency law requires covered employers who advertise or post a job, promotion, or transfer opportunity for a role that can or will be performed,...more
New York Governor Kathy Hochul signed into law an amendment to the NY State Labor Law that will expand workplace protections for nursing employees, effective May 31, 2023. The new law builds upon already-existing requirements...more
On October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in...more
10/10/2022
/ Anti-Discrimination Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
SCOTUS ,
Sexual Orientation Discrimination ,
Texas ,
Title VII