President Trump’s executive order entitled Removing Barriers to American Leadership in Artificial Intelligence (the “Trump AI Order”) seeks to create “a path for the United States to act decisively to retain global leadership...more
The recent Complaint filed for severance benefits against Elon Musk, X Corp., et.al., serves as a reminder that it is as important to clearly establish the fiduciary governance structure over severance plans subject to the...more
Each year, corporations that have employees who exercise incentive stock options (ISOs) as described under Section 422(b) of the Internal Revenue Code must file a Form 3921 with the IRS for each transfer of stock to those...more
The New York City Department of Consumer and Worker Protection (“DCWP”) has released its highly anticipated FAQs, providing additional guidance to employers seeking to comply with Local Law 144. As we discussed here and...more
7/14/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Audits ,
Automated Systems ,
Bias ,
City of New York ,
Corporate Counsel ,
EEO-1 ,
Employment Policies ,
Enforcement ,
Guidance Update ,
Hiring & Firing ,
Human Rights
A recent phishing incident related to a Retirement Clearinghouse (RCH) employee email account caused RCH to alert more than 10,500 individuals on May 12, 2023 that their personal data (including their names, Social Security...more
After a few iterations of proposed rules, the New York City Department of Consumer and Worker Protection (“DCWP”) has finally adopted final rules regarding the implementation of NYC’s new law regulating Automated Employment...more
The Equal Employment Opportunity Commission’s first commission meeting of 2023, entitled Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier, kicked off the New Year addressing...more
New York City’s Salary Transparency Act Arguably the most impactful piece of legislation passed in 2022 is New York City’s Salary Transparency Act, which makes it an unlawful discriminatory practice for an employer to...more
12/26/2022
/ Amended Legislation ,
Corporate Counsel ,
Employer Liability Issues ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New Legislation ,
New York ,
NYCHRL ,
Pay Transparency ,
Salaried Employees ,
State Labor Laws ,
Wage and Hour
Congress has passed long-awaited retirement legislation under Division T of the Consolidated Appropriations Act of 2023 known as the SECURE 2.0 Act of 2022 (the “Act”), which awaits the President’s signature. The Act is a...more
12/26/2022
/ 401k ,
403(b) Plans ,
Automatic Enrollment ,
Benefit Plan Sponsors ,
Employee Benefits ,
Employees ,
Employer Contributions ,
Employer Liability Issues ,
Required Minimum Distributions ,
Retirement Plan ,
SECURE Act ,
Student Loans
For years, employers have been exploring the possibility of how automated tools (ranging from basic computer screening methods to advanced artificial intelligence systems) may be able to improve and simplify the hiring...more
As we approach Labor Day, and continue to emerge from the pandemic restrictions, return to work (and what that might mean in terms of the design of the work week and workplace) is on the minds of most American workers and...more
In a previous post, we reported on the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization which reversed Roe v. Wade, and renders a woman’s right to make decisions regarding, and seek medical treatment...more
7/14/2022
/ Abortion ,
Affordable Care Act ,
COBRA ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Retirement Income Security Act (ERISA) ,
Flexible Spending Accounts ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HRA ,
ICHRA ,
MHPAEA ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs) ,
Roe v Wade ,
SCOTUS ,
Travel ,
Travel Reimbursements
The future of money and digital assets is a vast topic that presents numerous challenges, and it has even caused debate as to whether cryptocurrency is a prudent retirement plan investment. In its July 1, 2022 In Focus...more
On June 24, 2022, the Supreme Court issued its much-anticipated decision in Dobbs v. Jackson Women’s Health Organization. The decision explicitly reverses Roe v. Wade, thereby radically altering the legal and political...more
6/27/2022
/ Abortion ,
Corporate Counsel ,
Department of Labor (DOL) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
MHPAEA ,
Preemption ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Women's Rights
As employers continue to introduce a variety of software, algorithmic and artificial intelligence (“AI”) based tools into the workplace to assist and support employment-based decisions, there is an increasing concern that...more
6/10/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Employee Training ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Software
Last year, New York State joined an ever growing number of states requiring certain employers to either offer employees a retirement savings plan or enroll in the applicable state program. More specifically, the New York...more