The New York State Department of Labor (NYSDOL) has published guidance on the state’s salary history inquiry law, which went into effect on January 6, 2020. As we previously reported, the law prohibits employers from...more
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more
12/27/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration Agreements ,
Artificial Intelligence ,
Data Privacy ,
DFEH ,
Drug Testing ,
Employee Training ,
Employer Liability Issues ,
Exemptions ,
Federal Arbitration Act ,
Gender Identity ,
Local Ordinance ,
Medical Marijuana ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
NYSHRL ,
Paid Leave ,
Preemption ,
Right to Privacy ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
SHIELD Act ,
State Labor Laws ,
Statute of Limitations ,
Title VII
The Colorado Department of Labor and Employment (the “Department”) has published proposed regulations that would make significant changes to the state’s wage and hour laws. The proposed provisions, collectively termed the...more
12/16/2019
/ Accrual Requirements ,
Employer Liability Issues ,
Employment Contract ,
Forfeiture ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Posting Requirements ,
Proposed Regulation ,
Rest and Meal Break ,
State Labor Departments ,
State Labor Laws ,
Vacation Pay ,
Wage and Hour ,
Wage Credits
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, 2020....more
New York Governor Andrew Cuomo has signed into law a bill which, effective immediately, prohibits employers from accessing information on employees’ or dependents’ reproductive health without prior consent....more
11/19/2019
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Back Pay ,
Civil Monetary Penalty ,
Employee Handbooks ,
Employee Privacy Rights ,
Employer Liability Issues ,
Governor Cuomo ,
Injunctive Relief ,
Liquidated Damages ,
Prior Express Consent ,
Reproductive Discrimination ,
State Labor Laws ,
Waivers
As we previously reported, on August 12, 2019, New York State Governor Andrew Cuomo signed into law significant legislation to expand workplace anti-discrimination protections. The State has now updated its FAQs to provide...more
The San Antonio, Texas City Council has approved revisions to the city’s sick and safe leave ordinance, which is now scheduled take effect on December 1, 2019. ...more
2019 has been a busy year for developments in workplace law. With the current administration in Washington taking a very passive stance on regulation of employers, States and Cities have led the charge to expand workers'...more
9/11/2019
/ #MeToo ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Hiring & Firing ,
Lactation Accommodation ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Salary/Wage History ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State, that will significantly expand workplace anti-discrimination protections....more
9/3/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Federal Arbitration Act ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
NYCHRL ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
On the heels of enacting a law to prohibit hairstyle discrimination, New York Governor Andrew Cuomo has signed into law a bill that amends the New York State Human Rights Law (NYSHRL) to expressly prohibit employment...more
On August 12, 2019, Governor Andrew Cuomo signed into law significant expansions to workplace anti-discrimination protections in New York State.
As we previously reported in detail, the new legislation includes numerous...more
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss the recent New York law prohibiting discrimination on the basis of certain hairstyles. This law expands the definition of race...more
The push to eliminate inquiries into job applicants’ salary history continues, as New Jersey has enacted a statewide law that will restrict employers from obtaining and utilizing applicants’ salary history information during...more
On July 2, 2019, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the New Jersey Compassionate Use Medical Marijuana Act (“CUMMA”) to provide...more
Oregon is the latest state to enact a paid family and medical leave law. The law, which will cover all employers with one or more employees working in Oregon, establishes a state-managed insurance program with employers and...more
7/24/2019
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Contributions ,
Employer Contributions ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws
Implementation of the City of San Antonio’s paid sick leave ordinance has been delayed pending a legal challenge, less than two weeks before the ordinance’s scheduled effective date of August 1, 2019....more
Proponents of mandatory arbitration in New York can collectively let out a sigh of relief as a federal court judge has weighed in on the question of whether New York State’s law prohibiting mandatory arbitration of sexual...more
As we find ourselves in the midst of summer, employers in New York should keep an eye on the upcoming October 9th deadline for providing anti-harassment training to all employees. ...more
Currently, the New York Equal Pay Act provides that no employee shall be paid at a lesser wage rate than an employee of the opposite sex in the same establishment for equal work on a job requiring equal skill, effort and...more
6/26/2019
/ Attorney's Fees ,
Disparate Impact ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Liquidated Damages ,
NYCHRL ,
Pay Discrimination ,
Pay Equity Laws ,
Pending Legislation ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Willful Violations
In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and employees about their...more
6/25/2019
/ Amended Rules ,
Employer Liability Issues ,
Gender-Based Pay Discrimination ,
Governor Cuomo ,
Hiring & Firing ,
Job Applicants ,
Pending Legislation ,
Private Right of Action ,
Race Discrimination ,
Remedies ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more
6/25/2019
/ Affirmative Defenses ,
Attorney's Fees ,
Burden of Proof ,
Covered Employer ,
Damages ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Harassment ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Non-Employees ,
NYSHRL ,
Pending Legislation ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Statute of Limitations
Employees in Oregon have greater protections against workplace harassment thanks to the recently-passed Workplace Protection Act (the “Act”), which would prohibit requiring nondisclosure agreements for employees or applicants...more
6/19/2019
/ Anti-Harassment Policies ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hiring & Firing ,
Illegal Contracts ,
New Rules ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Policies and Procedures ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
Under the Act, beginning in early 2022, employees will be eligible to receive partial pay benefits during leave taken under the existing Connecticut Family and Medical Leave Act (“CFMLA”). Covered reasons for leave under the...more
Maine’s Governor Janet Mills has signed into law an Act Authorizing Earned Employee Leave (the “Act”), which will require covered employers to provide employees with up to 40 hours of paid personal leave per calendar year....more
5/30/2019
/ Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employer Liability Issues ,
Exceptions ,
Governor Mills ,
Labor Law Violations ,
New Legislation ,
Paid Leave ,
Paid Time Off (PTO) ,
Penalties ,
State Labor Laws
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as...more
3/8/2019
/ #MeToo ,
Anti-Harassment Policies ,
Compensatory Damages ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Independent Contractors ,
Local Ordinance ,
Medical Leave ,
NLRA ,
NLRB ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Private Right of Action ,
Punitive Damages ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Title VII ,
Vacated ,
Yovino v Rizo