On April 17, 2024, the United States Supreme Court ruled on the standard under which a plaintiff can proceed with a claim for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964 (“Title VII”),...more
4/22/2024
/ Civil Rights Act ,
Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
New York employers should take note of a new law that recently took effect that impacts their ability to access applicant and employee social media accounts. The law applies to all employers covered by the New York Labor Law...more
The New York City Department of Consumer and Worker Protection (“DCWP”) has published its “Workers’ Bill of Rights” website and associated “Know Your Rights at Work” poster, which NYC employers will be required to begin...more
Beginning in July 2024, New York City employers will be required to distribute information regarding a “workers’ bill of rights” that will be created via collaboration across a number of City agencies....more
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four...more
10/9/2023
/ ADEA ,
Anti-Discrimination Policies ,
Bostock v Clayton County Georgia ,
Canada ,
Causation ,
Compliance ,
Employer Liability Issues ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Proposed Guidance ,
SCOTUS ,
Title VII ,
Workplace Harassment Guidance
New York State has issued updates to the NY Paid Family Leave Law (“NYPFL”) for 2024. The updates increase the maximum weekly benefit available to employees, as well as reduce the overall contribution employees make toward...more
The United States Department of Homeland Security (“DHS”) has issued a final rule that will permit certain employers to remotely verify I-9 employment authorization documents on a permanent basis beginning August 1, 2023....more
7/26/2023
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Remote Working ,
Required Forms ,
USCIS
The New York Department of Labor has issued a required posting regarding benefits and services available to military veterans in accordance with S.1961B/A3913...more
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
On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas...more
On July 6, 2022, the Equal Employment Opportunity Commission (EEOC) announced it has entered into a conciliation agreement with a Florida-based medical practice for violations of the Genetic Information Non-Discrimination Act...more
7/7/2022
/ Conciliation ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family Members ,
GINA ,
Infectious Diseases ,
Sanctions ,
Virus Testing ,
Workplace Safety
The New York State Legislature has passed Senate Bill S9427, which will require employers with four or more employees to include in job postings – including those for promotion or transfer opportunities – the minimum and...more
6/7/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New York ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Salaried Employees ,
Wage and Hour
On May 10, 2022, Delaware Governor John Carey signed into law a bill that will require private employers with ten or more employees in Delaware to provide up to 12 weeks of paid family and medical leave beginning in January...more
The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings. The bill amends several aspects of the law, including,...more
5/2/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
On March 30, 2022, Washington Governor Inslee signed into law a bill that will require employers to include a salary or pay range, as well as information about other compensation and benefits, in each job posting. The bill...more
4/4/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New Legislation ,
New Regulations ,
Pay Transparency ,
Salaried Employees ,
State Labor Laws ,
Wage and Hour ,
Washington
A Northern District of New York court has permanently enjoined the statewide requirement that employers include a notice of workers’ rights and remedies in their employee handbooks regarding the prohibition on discrimination...more
4/1/2022
/ Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
First Amendment ,
Free Speech ,
Labor Reform ,
Motion To Enjoin ,
New York ,
Regulatory Requirements ,
Religious Expression ,
Reproductive Discrimination
The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law.
As we previously reported, the new law will make...more
3/25/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
NYCCHR ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
A bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings.
As we previously reported, the new law will make it an unlawful...more
3/22/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
Effective March 17, 2022, the New York State Commissioner of Health has ended the designation of COVID-19 as an airborne infectious disease under the New York HERO Act. As a result, employers are no longer required to enforce...more
3/21/2022
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
New York ,
Occupational Exposure ,
Public Health Emergency ,
Safety Management Systems ,
Safety Standards ,
Workplace Safety
A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State. Several of...more
3/17/2022
/ Adverse Employment Action ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Labor Reform ,
New York ,
No-Hire/No-Solicitation Agreements ,
Non-Disclosure Agreement ,
NYSHRL ,
Public Employees ,
Regulatory Agenda ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
Tennessee Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates.
The new law supplements existing state law that prohibits private...more
3/17/2022
/ Adverse Employment Action ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Reasonable Accommodation ,
State Labor Laws ,
Tennessee ,
Vaccinations ,
Workplace Safety
On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding...more
3/16/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Caregivers ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
National Origin Discrimination ,
New Guidance ,
Pregnancy Discrimination ,
Race Discrimination ,
Reasonable Accommodation ,
Sex Discrimination ,
Title VII
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss a recent New York City law requiring employers to state salary ranges in job postings. Effective May 15, 2022, as an amendment...more
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss a recent New York City law requiring employers to state salary ranges in job postings. Effective May 15, 2022, as an amendment...more
Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97....more
2/11/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment