In an important change, beginning on March 20, 2024, employees may file lawsuits, including class actions, against their employers for alleged violations of New York City’s Earned Safe and Sick Time Act (the Sick Leave Law),...more
3/28/2024
/ City of New York ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Legislative Agendas ,
Local Ordinance ,
Paid Time Off (PTO) ,
Sick Leave
The U.S. Securities and Exchange Commission (SEC) has signaled that it will take aggressive action against employers who, by way of employment-related agreements, restrict, prohibit, or otherwise discourage employees from...more
On January 10, 2024, the U.S. Department of Labor (DOL) published a Final Rule revising its prior guidance on how to determine whether an individual may properly be classified as an independent contractor under the Fair Labor...more
On September 15, 2023, New York Governor Kathy Hochul signed into law Senate Bill 5640, which adds Section 203-f to the New York Labor Law. Section 203-f creates statutory limitations on an employer's use of invention...more
Beginning January 1, 2024, the state minimum wage in New York will increase. Subject to limited exceptions, it will then continue to increase annually thereafter. By way of example, effective January 1, 2024, the hourly...more
While generative artificial intelligence (AI) programs can allow employees to complete certain tasks more efficiently, they can also raise concerns regarding copyright infringement, plagiarism, and data privacy, among others....more
New York Governor Kathy Hochul signed into law bill A.836 on September 14, 2023, prohibiting employers from requesting or requiring employees or job applicants to disclose the login credentials for their personal social media...more
9/29/2023
/ Disclosure ,
Employees ,
Employer Liability Issues ,
Job Applicants ,
Labor Regulations ,
New Legislation ,
New York ,
Social Media ,
State and Local Government ,
State Bans ,
State Labor Laws
On September 14, 2023, New York Governor Kathy Hochul signed into law a bill prohibiting employers from requesting or requiring that employees or job applicants disclose the log-in credentials for their personal social media...more
On June 16, 2023, the National Labor Relations Board issued a decision reinstating an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act....more
On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina that the race-conscious admission...more
7/28/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
On June 20, 2023, the New York State Legislature passed a bill which, if signed by Governor Kathy Hochul, will impose a blanket ban on—and render unlawful—all future noncompete agreements in New York. As explained more fully...more
6/28/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Legislative Agendas ,
New Legislation ,
New York ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Legislatures
The New York State Assembly passed a bill on June 20, 2023, which, if signed by New York Governor Kathy Hochul, will impose a blanket ban on—and render unlawful—all future noncompete agreements. New York’s proposed law is the...more
6/23/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Labor Regulations ,
New Legislation ,
New York ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Labor Laws
The National Labor Relations Board (NLRB or the Board) recently reinstated setting-specific standards to determine whether employers have violated the National Labor Relations Act (NLRA or the Act) by unlawfully disciplining...more
On May 11, 2023, the New York City Council passed a bill to add height and weight to the list of protected characteristics under the New York City Human Rights Law (NYCHRL). If enacted, employers will, subject to limited...more
On April 5, 2023, New York City published final rules for Local Law 144, which prohibits employers from using automated employment decision tools (AEDTs) to screen job candidates unless certain bias audit and notice...more
On March 3, 2023, New York Governor Kathy Hochul signed into law an amendment to New York State’s pending Pay Transparency Law, which will become effective on September 17, 2023. As previously reported, the Pay Transparency...more
New York State Governor Kathy Hochul signed an amendment to the New York State Pay Transparency Law (NYSPTL) on March 3, 2023. The law, which Governor Hochul first signed on December 21, 2022, requires employers to list...more
On February 21, 2023, the National Labor Relations Board (NLRB or the Board) issued a significant decision that dramatically affects employers’ ability to include nondisparagement and confidentiality provisions in separation...more
3/1/2023
/ Confidentiality Agreements ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
NLRB ,
Non-Disparagement Provisions ,
Severance Agreements ,
Unions
The National Labor Relations Board (the Board) released its notice of proposed rulemaking (Proposed Rule) to establish a new “joint employer” legal standard under the National Labor Relations Act (NLRA) on September 6, 2022....more
12/29/2022
/ Employee Benefits ,
Employees ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Comment ,
Regulatory Reform ,
Supervision ,
Unions ,
Wages ,
Workplace Safety
The National Labor Relations Board (NLRB) recently released a Notice of Proposed Rulemaking (Proposed Rule) which, if adopted, would establish a new “joint employer” legal standard under the National Labor Relations Act...more
On October 13, 2022, the U.S. Department of Labor (DOL) proposed a new rule that would revise the DOL’s guidance on how to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards...more
In the retail environment, customer service is paramount. Workers spend their time answering questions, stocking shelves, organizing displays, sourcing and sizing, and, yes, even gift-wrapping sometimes. They do it all...more
Employers who do not sponsor a qualified retirement plan, such as a 401(k) plan, and have at least five employees in California must be sure to promptly enroll in California’s CalSavers program....more
New York City’s Department of Consumer and Worker Protection (DCWP) has actively stepped up enforcement of the city’s worker protection laws, including the Fair Workweek Law (FWL) and Paid Safe and Sick Leave Law (PSSL)...more
On June 2, 2022, the New York State Legislature passed the Freelance Isn’t Free Act (Act). Largely patterned after New York City’s own, identically named law, the Act would amend the New York Labor Law to specify, among other...more