On September 5, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act, a bill amending the New York Labor Law to impose certain workplace violence prevention requirements on covered retail...more
In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more
4/18/2024
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Continuing Violation Theory ,
Corporate Counsel ,
Family and Medical Leave Act (FMLA) ,
Hostile Environment ,
Human Rights ,
New York ,
Remote Working ,
Retaliation ,
Summary Judgment ,
Title VII
New York employers should take note of a new law that recently took effect that impacts their ability to access applicant and employee social media accounts. The law applies to all employers covered by the New York Labor Law...more
On March 1, 2024, the Centers for Disease Control and Prevention (“CDC”) repealed its previous guidance advising a 5-day isolation period for individuals testing positive for COVID-19 and issued consolidated guidance on...more
On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations...more
1/26/2024
/ Appropriations Bill ,
Asset Seizure ,
Coronavirus/COVID-19 ,
Disability Leave ,
Employee Benefits ,
Family and Medical Leave Act (FMLA) ,
Liquidated Damages ,
New York ,
NYDOL ,
Paid Leave ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
State Budgets
New York State employers are reminded that, under an expansion of the law that took effect in late 2023, they are required to provide all separating employees with an updated Record of Employment (Form IA 12.3) for purposes...more
1/11/2024
/ Disciplinary Proceedings ,
Employment Policies ,
Employment Records ,
New York ,
NYDOL ,
Performance Standards ,
Separation Agreement ,
Temporary Layoffs ,
Termination ,
Unemployment Benefits ,
Unemployment Insurance
The New York State Department of Labor has issued the updated minimum wage poster for “Miscellaneous Industry” employees for 2024. The update covers all industries other than hospitality, farmworkers, and building service. ...more
New York State has issued updates to the NY Paid Family Leave Law (“NYPFL”) for 2024. The updates increase the maximum weekly benefit available to employees, as well as reduce the overall contribution employees make toward...more
The New York State Senate has passed a bill that, if enacted, would require certain corporate entities to report data regarding the gender, race, and ethnicity of their employees. On March 27, 2023, an identical version of...more
A trio of New York State Senators has proposed a bill that would create a cause of action for “wrongful discharge.” If enacted, the “Safeguarding Employees and Accountability for Termination (SEAT) Act” would be codified in...more
Effectively immediately, employers in New York State are required to make digital versions of required federal and state postings available to employees.
Specifically, under an amendment to Section 201 of the N.Y....more
On February 7, 2023, Bill No. A03726 was introduced before the New York State Assembly which, if passed, would prohibit employers from inquiring about or making statements regarding “the arrest record or conviction record of...more
The New York State Legislature has approved chapter amendments to New York State’s pay transparency law, which is slated to take effect on September 17, 2023. The most notable revision would provide that the law applies to...more
The New York State legislature is considering a bill (A.3737/S.4259) that would expand the covered reasons for leave under the New York Paid Family Leave Law (“NYPFLL”) to include fetal and infant bereavement.
Currently,...more
The New York Department of Labor has issued a required posting regarding benefits and services available to military veterans in accordance with S.1961B/A3913...more
On January 12, 2023 the New York State Department of Labor (“DOL”) issued an updated Proposed Sexual Harassment Prevention Model Policy which, among other things, addresses remote work, gender identity and bystander...more
With the arrival of the new year comes the effective date of many new leave laws (and expansion of existing leave laws) across the United States. Below we summarize family and sick leave laws that will take effect across...more
12/26/2022
/ California ,
Colorado ,
Employer Liability Issues ,
Employment Policies ,
Leave of Absence ,
New York ,
Oregon ,
Paid Family Leave Law ,
Paid Leave ,
Policies and Procedures ,
Popular ,
Sick Leave ,
State and Local Government
New York Governor Kathy Hochul signed into law an amendment to the NY State Labor Law that will expand workplace protections for nursing employees, effective May 31, 2023. The new law builds upon already-existing requirements...more
Effective November 6, 2022, the Westchester County (NY) Human Rights Law is amended to require that employers with at least four employees that are posting job, transfer or promotion opportunities which “are required to be...more
In this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Pay Transparency Law, which is set to come into effect on November 1, 2022....more
New York Governor Kathy Hochul has signed into law a bill extending the State’s COVID vaccine paid leave law for an additional year, to December 31, 2023.
As we previously reported, the law requires New York employers to...more
On July 19, 2022, New York State Governor Kathy Hochul announced the launch of the state’s confidential hotline for complaints of workplace sexual harassment.
As we previously reported, S812A (enacted in March 2022)...more
In 2016, New York City enacted the Freelance Isn’t Free Act, a local law establishing protections for certain freelance workers providing services for entities located in the City. Earlier this month, the New York State...more
The New York State Legislature has passed Senate Bill S9427, which will require employers with four or more employees to include in job postings – including those for promotion or transfer opportunities – the minimum and...more
6/7/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New York ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Salaried Employees ,
Wage and Hour
As part of the Fiscal Year 2023 New York state Executive Budget legislation, $1.2 billion in funding has been allocated for the payment of bonuses for certain “frontline” healthcare workers.
With the stated goals to...more
5/11/2022
/ Audits ,
Bonuses ,
Essential Workers ,
Healthcare ,
Healthcare Workers ,
Home and Community Based Services (HCBS) ,
Medicaid ,
New York ,
State Budgets ,
State Funding ,
Wage and Hour