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
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
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
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
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
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
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’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’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
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
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
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
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
2/3/2022
/ Artificial Intelligence ,
Automation Systems ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Employment Agencies ,
Hiring & Firing ,
Human Resources Professionals ,
Recruitment Policies ,
State Labor Laws
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
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
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
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
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
3/9/2021
/ Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
As New York enters a new phase of the COVID-19 pandemic and New York businesses are beginning to reopen, New York is taking steps and providing tools to employers in an attempt to mitigate further spread of COVID-19....more
6/9/2020
/ Commercial Property Owners ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Executive Orders ,
Liability ,
Re-Opening Guidelines ,
Retailers ,
Screening Procedures ,
State and Local Government ,
Virus Testing ,
Workplace Safety
As New York enters a new phase of the COVID-19 pandemic and New York businesses are beginning to reopen, New York is taking steps and providing tools to employers in an attempt to mitigate further spread of COVID-19.
...more
The Coronavirus which causes the disease COVID-19 (“Coronavirus”) presents a plethora of challenging labor and employment issues for employers in the United States. ...more
3/6/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Medical Leave ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
Employers in New York should ensure that their policies and practices are compliant with changes to New York law that are set to take effect soon....more
2/26/2019
/ Employer Liability Issues ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
New Legislation ,
NYHRL ,
Protected Class ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State and Local Government ,
State Labor Laws ,
Transgender
Employers in California should be ready for a big change in the retirement law to take effect over the next three years. This change comes in the form of a new California program called CalSavers (formerly known as Secure...more
1/9/2019
/ 401k ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employer Mandates ,
Individual Retirement Account (IRA) ,
Payroll Deductions ,
Qualified Retirement Plans ,
Regulatory Requirements ,
Retirement ,
Secure Choice Savings Program ,
State and Local Government ,
State Labor Laws
The State of New York recently issued draft guidance for employers regarding the anti-sexual harassment legislation passed earlier this year....more
8/27/2018
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Complaint Procedures ,
Corporate Culture ,
Draft Guidance ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
As we previously reported, New York City Mayor Bill de Blasio signed the “Stop Sexual Harassment in NYC Act” (the “Act”) into law earlier this year. The New York City Commission on Human Rights (the “NYCCHR”) has now...more