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Attention New York state and New York City employers: Changes to employment laws in 2025

New York employers should prepare for a series of new and updated laws set to take effect in 2025. These changes will affect paid leave, wages, and workplace safety among other things. Paid leave: Prenatal leave, paid family...more

Federal court blocks DOL overtime rule nationwide

On Friday, November 15, 2024, a federal judge in Texas blocked on a nationwide basis, a final rule that would have, among other things, increased the salary thresholds that must be met for employees to be classified as exempt...more

SEC, whistleblowers and impact on employment-related agreements

On September 9, 2024, the U.S. Securities and Exchange Commission announced it had settled charges against seven public companies that utilized employment and employment-related agreements that the SEC believed violated its...more

Texas Court Bars Nationwide Enforcement of FTC Rule Banning Non-Compete Agreements

On August 20, 2024 a Texas federal judge blocked, on a nationwide basis, enforcement of the Federal Trade Commission (FTC)’s rule banning non-compete agreements (the “Non-Compete Rule”), which had been slated to take effect...more

What the proposed House settlement means for NCAA Division I institutions

On May 23, 2024, the NCAA and the five autonomy conferences — known colloquially as the “Power Five” — agreed to terms for a $2.78 billion settlement to resolve three lawsuits in federal court: House v. NCAA, Hubbard v. NCAA...more

U.S. NLRB makes it more likely to deem companies as joint-employers

The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial...more

Employers take note: New I-9 forms required

Beginning November 1, 2023, all U.S.-based employers must use the revised Form I-9, Employment Eligibility Verification, edition date 08/01/23, when completing the employment eligibility verification process for employees....more

NLRB releases long-awaited employee handbook decision

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) finally released its much-anticipated decision in Stericycle, Inc., 372 NLRB No. 113 (2023). The Board re-examined its prior precedent and overturned...more

NLRB decision reverts Trump Board independent contractor test to Obama-era multi-factor test

The National Labor Relations Board (NLRB) has just weighed in on independent contractors – and has overturned the Trump-era standard in favor of the more complex Obama-era standard. In The Atlantic Opera, 372 NLRB 95 (2023),...more

NLRB GC clarifies legality of non-disparagement and confidentiality clauses in severance agreements

Following the National Labor Relations Board’s (NLRB or Board) recent decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), on March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued a memorandum...more

U.S. Supreme Court rules high-earning professionals are not overtime-exempt if paid hourly

In an opinion issued on February 22, 2023, the Supreme Court held that high-earning professionals must be paid on a salary basis in order to qualify for overtime exempt status under the Fair Labor Standards Act (FLSA). This...more

NLRB purports to limit severance agreements: What this means for employers

On February 21, 2023, the National Labor Relations Board (Board) issued a decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), holding that non-disparagement and confidentiality provisions included in a...more

New York City solicits feedback on second set of automated employment decision tool regulations

New York City’s Local Law 144 prohibits employers and employment agencies from using “automated employment decision tools” (AEDTs) to assess hiring and promotion decision unless such tools have undergone an independent bias...more

New York City delays enforcement of law on artificial intelligence in employment decisions

New York City’s new law concerning artificial intelligence in employment decisions will still go into effect on January 1, 2023, but enforcement has been delayed until April 15, 2023. NYC employers subject to the law should...more

New York launches confidential hotline for complaints of workplace sexual harassment

On July 19, 2022, the New York State Division of Human Rights (NYSDHR) launched a confidential hotline at 1-800-HARASS-3 to field complaints of sexual harassment in the workplace and provide legal assistance to New York...more

NY Governor considers pay transparency bill

Governor Kathy Hochul is considering a bill that would require New York employers with four or more employees to include compensation information on advertisements for any job, promotion, or transfer opportunity....more

EEOC and DOJ warn that use of AI tools in employment decisions can violate ADA

The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have each issued substantively similar technical assistance documents explaining how employers’ use of algorithmic decision-making...more

Reminder: New York employers must comply with electronic monitoring notice law by May 7

Any private employer with a place of business in New York that “monitors or otherwise intercepts” any employee’s telephone conversations, emails, or internet access or usage by “any electronic device or system” must give...more

To fight bias, first-of-its-kind New York law regulates tech-enabled employment decisions

At first glance, a first-in-the-country law recently enacted by New York City may seem fairly straightforward. But its brevity belies its potential impact on employers that recruit or promote within New York City. The law...more

New York to require private employers to notify employees of electronic monitoring

On November 8, 2021, New York Governor Kathy Hochul signed legislation amending the state civil rights law to add a new provision requiring employers who engage in electronic monitoring to notify workers of such....more

COVID-19 designated as an “airborne infectious disease”; NY Hero Act plans must be implemented

On September 6, 2021, Governor Hochul declared COVID-19 as an “airborne infectious disease” thereby triggering the NY Hero Act. We previously wrote about how the NY Hero Act did not require immediate implementation since...more

COVID-19 Report for Life Sciences and Health Care Companies (UPDATED)

In Tuesday's Report: FDA warns of false test results due to mutations, and authorizes new OTC tests; NY state clarifies paid vaccination leave law; and California requires COVID-19 paid sick…...more

New York issues guidance on paid vaccination leave law

As we previously discussed, New York passed legislation on March 12, 2021 to provide employees in the state with up to four hours of paid leave for each COVID-19 vaccination injection they receive. On March 21, 2021 ...more

Paid vaccination leave likely coming to New York

The New York State Legislature recently passed bills (Bill S2588A; A3354B) that would provide all public and private employees in New York with up to four hours of paid leave to obtain the COVID-19 vaccine. ...more

Paid vaccination leave coming to New York

The New York State Legislature recently passed bills (Bill S2588A; A3354B) that would provide all public and private employees in New York with up to four hours of paid leave to obtain the COVID-19 vaccine. The legislation is...more

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