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Second Circuit Clarifies ADA Standard on Reasonable Accommodations

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

Fourth Circuit Temporarily Allows DEI-Related EOs to Continue

As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the...more

U.S. Supreme Court Hears Oral Argument in Reverse Sex Discrimination Case

On February 26, 2025, the United States Supreme Court entertained oral argument in Ames v. Ohio Department of Youth Services, a case that centered on whether a plaintiff who is a member of a majority group must meet a higher...more

Federal Court Issues Partial Preliminary Injunction Halting Enforcement of DEI-Related EOs

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more

EEOC Announces Enforcement Focus on “Illegal Preferences Against American Workers”

On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas announced the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing...more

EEOC, Like NLRB, Lacks Quorum, Stalling Rulemaking Under New Administration

On Monday, January 27, 2025, President Trump removed Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) commissioners Charlotte A. Burrows and Jocelyn Samuels, the two confirmed in separate statements. ...more

President Trump’s Executive Order on Recognizing Two Sexes: Implications for Private Employers

On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”).  The Order...more

President Trump Issues Sweeping Executive Orders Aimed at DEI

In his inaugural address on Monday, January 20, 2025, President Trump declared, “We will forge a society that is colorblind and merit-based.” In the days that followed, President Trump has proceeded to issue a series of...more

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

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

Second Circuit Reinstates New York Reproductive Health Notice of Rights Requirement for Employee Handbooks

In a January 2, 2025 decision in CompassCare et al. v. Hochul, a Second Circuit panel vacated a permanent injunction issued in April 2022 that halted the requirement that New York State employers include a notice in their...more

New York City Amends Lactation Room Accommodation Policy Requirements

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

New York Releases Guidance on Paid Prenatal Leave Law Taking Effect January 1, 2025

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

New York Paid Family Leave Law: Are You Ready for 2025?

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

New York Clean Slate Act Takes Effect on November 16, 2024, With New Obligations for Employers Running Criminal Background Checks

On November 16, 2024, the New York Clean Slate Act (the “Act”) will take effect.  The Act provides for the automatic sealing of certain criminal convictions after a specified time period.  It will also require greater...more

It’s Election Time: Time Off to Vote, Political Activities, and Political Speech in the Workplace

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

DOL Issues Framework to Guide Employers Using AI Recruiting and Hiring Tools

On September 24, 2024, the United States Department of Labor (“DOL”) announced the publication of an AI & Inclusive Hiring Framework (the “Framework”).  As discussed below, the Framework sets forth ten “Focus Areas” for...more

New Jersey Legislature Passes Pay Transparency Bill

New Jersey is now poised to join a growing list of states that have enacted pay transparency laws.  On September 28, 2024, the New Jersey legislature passed a bill (S2310/A4151) after the Senate voted unanimously to approve...more

Four Things You May Not Know About … USERRA

In the second in a series of blogs examining often overlooked or misunderstood provisions of common employment laws, today we are covering four things employers may not know about the federal Uniformed Services Employment and...more

New York State Enacts Workplace Violence Prevention Law for Retailers    

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

Federal Court Once Again Upholds Enforcement of New Jersey’s Temporary Workers’ Bill of Rights

The district court has once again upheld enforcement of the New Jersey Temporary Workers’ Bill of Rights (the “Law”). The decision comes in response to a follow-up challenge by a coalition of staffing agency industry groups,...more

Texas Federal Court Sets Aside FTC’s Non-Compete Rule, Halting It From Taking Effect on September 4, 2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the...more

Third Circuit Upholds New Jersey’s Temporary Workers’ Bill of Rights

On July 24, 2024, the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law (the “Law”). The Circuit Court found that...more

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

REMINDER: NYC Employers Must Distribute & Post “Workers Bill of Rights” Notice by July 1, 2024

NYC employers are reminded that the deadline for distributing and posting the new “Workers Bill of Rights” poster is fast approaching on July 1, 2024.  ...more

Reminder: NYS Paid Lactation Break Requirement Effective June 19

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

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