In the California case of Okonowsky v. Garland, a male supervisor in a federal prison (a lieutenant) used his private Instagram account to post sexually offensive content about a female prison psychologist. The District...more
Although non-competition agreements are under ongoing attack at the federal and state levels (including being banned in California, Minnesota, North Dakota, and Oklahoma, among others), New York State is not yet ready to join...more
As of November 26, 2023, the New York City Human Rights Law makes discrimination on the basis of an individual’s height or weight unlawful. Accordingly, an employer may not discharge or refuse to hire an individual, or...more
On November 17, 2023, Governor Kathy Hochul signed SB 4516, an amendment to N.Y. General Obligations Law §5-336 that prohibits liquidated damages clauses in nondisclosure provisions of settlement agreements involving...more
In 2023, New York State and New York City amended several labor and employment laws about which employers should be aware to ensure that their policies and procedures remain compliant....more
As artificial intelligence (“AI”) tools like ChatGPT, Bing and Baird become more popular, legislation addressing such technology is inevitable. New York City has implemented the first law in the United States that regulates...more
New York City has implemented regulations governing the use of artificial intelligence (“AI”) and automated decision-making tools in the employment space....more
New York State issued New York Forward, a detailed reopening plan for the state's nonessential businesses. The plan is set to gradually replace New York's March 20th ‘stay at home' Executive Order that mandated the closure of...more
On April 3, 2020, New York State Governor Andrew Cuomo signed into law a statewide Paid Sick Leave Law (the “Law” or “PSLL”). The PSLL is in addition to the mandatory COVID-19 Paid Sick Leave Law that was enacted on March 18,...more
New Jersey has added several leave laws and workplace protections to address the impact of the COVID-19 outbreak on employees and employers in the State.
New Jersey Extends State Leave Laws During COVID-19 Pandemic
On...more
As we reported last week, New York State Governor Andrew Cuomo signed legislation on March 18, 2020, that addresses the economic impact of the coronavirus outbreak and provides job-protected paid sick leave benefits to...more
The Coronavirus Aid, Relief, and Economic Security Act, commonly known as the CARES Act (the “Act”), enacted March 27, 2020, contains several interrelated elements that employers should consider when making decisions about...more
This week, New York State has issued several laws and Executive Orders that seek to address the impact of the COVID-19 outbreak on employees and employers in the State.
Governor Cuomo Issues Directive Mandating 100% of...more
On March 14, 2020, the U.S. House of Representatives, with the support of the President, overwhelmingly approved a bill known as the Families First Coronavirus Response Act (H.R. 6201). The legislation is scheduled to be...more
3/17/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employer Responsibilities ,
Family and Medical Leave Act (FMLA) ,
HDHPs ,
Paid Leave ,
Pending Legislation ,
Sick Leave ,
State of Emergency ,
Tax Credits ,
Unemployment Insurance ,
Wage and Hour
On January 21, 2020, the governor of New Jersey signed into law arguably the most stringent provisions governing plant closings and mass layoffs in the nation. Senate Bill 3170, which goes into effect on July 19, 2020, amends...more
In recent months, the New York State legislature has enacted amendments to the New York State Human Rights Law (“NYSHRL”) and other laws aimed at expanding protections against discrimination and harassment. The laws emphasize...more
12/18/2019
/ Affirmative Defenses ,
Amended Legislation ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Human Resources Professionals ,
Human Rights ,
Mandatory Arbitration ,
New Legislation ,
Non-Disclosure Agreement ,
Punitive Damages ,
Reproductive Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
In its latest development, the New York State Legislature expanded its signature legislation addressing sexual harassment training and prevention and passed a new bill this year that provides greater protections under the New...more
In response to the increased attention on sexual harassment claims and settlements, New Jersey has enacted new legislation (New Jersey Senate Bill 121, which amends the New Jersey Law Against Discrimination (“NJLAD”)) that...more
4/12/2019
/ Amended Legislation ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
New Legislation ,
Non-Disclosure Agreement ,
Retaliation ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Unenforceable Contract Terms ,
Waiver of Rights
While this month brought significant changes to all New York State employers in addressing workplace harassment, NYC employers will need to change gears and ensure that their policies and practices for addressing workplace...more
As we previously reported in our April 23 newsletter/bulletin, the New York State Legislature passed significant legislation aimed at protecting employees from workplace sexual harassment. This week, the state issued its...more
Following on the heels of the Time’s Up and #MeToo movements, the New York State Legislature and the New York City Council have passed significant legislation aimed at providing greater protection against workplace sexual...more
4/24/2018
/ Anti-Harassment Policies ,
Arbitration ,
Confidentiality Agreements ,
CPLR ,
Employee Training ,
Employer Liability Issues ,
Federal Arbitration Act ,
Gender Discrimination ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
Mayor de Blasio ,
Non-Disclosure Agreement ,
Non-Employees ,
Pending Legislation ,
Settlement Agreements ,
Sexual Harassment ,
Statute of Limitations ,
Workplace Communication
Recent employment legislation in New York State and New York City affords new benefits and protections to employees and job applicants. These laws also bring new obligations for employers. Before the holiday season is in full...more
12/12/2017
/ Employee Benefits ,
Employer Liability Issues ,
Equal Pay ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Paid Family Leave Law ,
Paid Leave ,
Race Discrimination ,
Salary/Wage History ,
Wage and Hour