Key Points -
The new law prohibits judicial enforcement of confidentiality and non-disparagement provisions with respect to sexual harassment and sexual assault disputes.
The law covers provisions entered into before...more
Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. In making plans for...more
Key Points -
The past eight months have featured the introduction of myriad new state and city laws impacting New York firms.
From amendments to the NYC Fair Chance Act and NYS Paid Family Leave Law, to the expansion...more
Key Points The EFASASHA will invalidate most contractual provisions requiring the arbitration of claims alleging sexual assault or sexual harassment. The law will also invalidate pre-dispute joint-action waivers that relate...more
Key Points -
Under New York’s Health and Essential Rights (HERO) Act, New York-based firms must maintain an airborne infectious disease exposure prevention plan (“Prevention Plan”) that meets or exceeds the minimum...more
While the Equal Employment Opportunity Commission’s (EEOC) May 28, 2021 guidance (the “EEOC Guidance”) largely is consistent with its previous pronouncements regarding employer mandatory COVID-19 policies, including policies...more
- On July 13, 2020, the New York Supreme Court in Andowah Newton v. LVMH Moët Hennessy Louis Vuitton Inc., Sup. Ct., N.Y. County, July 13, 2020, J. Nock, Index No. 154178/2019, slip op at p. 16, allowed the plaintiff employee...more
7/17/2020
/ Arbitration ,
Arbitration Agreements ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NY Supreme Court ,
Preemption ,
Sexual Harassment ,
State Labor Laws
- Corporate officers and directors can be held personally liable for unpaid wages.
- As companies and their officers and directors make difficult decisions to address the impact of COVID-19 on their workforce, they...more
- The President signed the FFCRA into law on March 18, 2020. The Act will go into effect “not later than 15 days after the date of enactment” (i.e., no later than April 2, 2020). Most employers with 500 or fewer employees are...more
3/25/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Labor Laws ,
New Legislation ,
Paid Leave ,
Paid Sick Leave Act ,
Sick Leave ,
State Labor Laws ,
Tax Credits ,
Wage and Hour
In this episode, Akin Gump labor and employment partner Richard Rabin and associate Grace O’Donnell discuss what you need to know about coronavirus’ impact on the workplace and employees.
Among the topics covered:
-...more
3/17/2020
/ Business Travel ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Federal Labor Laws ,
Health and Safety ,
Infectious Diseases ,
Medical Testing ,
Quarantine ,
Remote Working ,
Sick Leave ,
State Labor Laws ,
Traveling Employee ,
Workplace Safety
Working from home may not be practical in many work environments, for example, where company tools, machinery or equipment may be required to accomplish a job. Where a company must suspend work or close a work location, the...more
3/13/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Over-Time ,
Public Health ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Remote Working ,
Rest and Meal Break ,
Sick Leave ,
Timekeeping ,
Wage and Hour ,
Workplace Safety
Employers face unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the items on their ever-expanding list is that federal and state occupational safety and health regulations require...more
Employers are facing unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the ever-expanding obligations is that federal and state occupational safety and health regulations require...more
- The continued spread of COVID-19 presents employers with an array of unprecedented workforce management and public health challenges.
- Decisions that employers may be called upon to make implicate a variety of...more
3/10/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Paid Leave ,
Public Health ,
Reasonable Accommodation ,
Remote Working ,
Risk Management ,
Salaried Employees ,
Sick Leave ,
Traveling Employee ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
• Whistleblower Carve-Out: For all employment-related agreements containing non-disclosure provisions signed on or after January 1, 2020, firms should include new “whistleblower carve-out” language as dictated by New York...more
1/6/2020
/ Anti-Harassment Policies ,
Carve Out Provisions ,
Employee Handbooks ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Governor Cuomo ,
Governor Vetoes ,
Hiring & Firing ,
Human Resources Professionals ,
Investment Firms ,
Investment Management ,
Non-Disclosure Agreement ,
Reproductive Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
• The New York State Equal Pay Act (EPA) now will apply to all protected categories (including race, national origin, religion, etc.) rather than just gender, dramatically expanding the reach of the statute.
• New York...more
8/20/2019
/ Dress Codes ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Pay ,
Equal Pay Act ,
Hairstyle Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Paid Leave ,
Pay Equity Laws ,
Race Discrimination ,
Salary/Wage History ,
State Labor Laws ,
Voting Leave ,
Wage and Hour
• Amendments to the New York State Human Rights Law (NYSHRL) lower the bar for employees and individual nonemployees pursuing discrimination and harassment claims.
• In several respects, the amendments align the NYSHRL...more
8/15/2019
/ #MeToo ,
Affirmative Defenses ,
Amended Legislation ,
Carve Out Provisions ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Governor Cuomo ,
Independent Contractors ,
NYCHRL ,
NYSHRL ,
Protected Class ,
Settlement Agreements ,
State Labor Laws ,
Title VII
• The training requirements of the Stop Sexual Harassment in NYC Act went into effect on April 1, 2019. The new requirements add to those already in place for New York City firms under the New York Labor Law (NYLL).
•...more
4/22/2019
/ Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Independent Contractors ,
Posting Requirements ,
Sexual Harassment ,
State Labor Laws ,
Workplace Communication
• Two new measures expand New York City firms’ obligations with respect to nursing mothers.
• Effective March 17, 2019, firms must provide a lactation room and refrigeration suitable for breast-milk storage, unless doing...more
• On August 23, 2018, New York State issued FAQs and other draft guidance regarding the recently passed New York State anti-sexual harassment laws.
• Firms must implement new anti-sexual harassment policies by October 9,...more
• New York City’s new Temporary Schedule Change Law requires firms to accommodate employee requests for temporary schedule changes for qualifying reasons up to two times per year.
• An amendment to the New York City Human...more
8/16/2018
/ Amended Legislation ,
Cooperative Dialogue ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
New Legislation ,
Policies and Procedures ,
Reasonable Accommodation ,
State Labor Laws ,
Wage and Hour ,
Work Schedules ,
Workplace Communication
• Connecticut has passed a law barring firms from asking job candidates about their compensation history.
• The law mirrors legislation recently enacted in New York City, California, and elsewhere.
• The law goes into...more
• New measure expands the NYC Earned Sick Time Act to Cover “Safe Time.”
• Safe Time can be used when an employee or a member of the employee’s family has been the victim of a family offense matter, sexual offense,...more
5/11/2018
/ Amended Legislation ,
Domestic Violence ,
Earned Sick Time ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Human Trafficking ,
Paid Leave ,
Paid Time Off (PTO) ,
Stalking ,
State Labor Laws ,
Wage and Hour ,
Workplace Communication
• New York’s Paid Family Leave Law went into effect on January 1, 2018.
• All New York employers are impacted.
• New York employers have an obligation to notify employees of their right to paid family leave.
• Firms...more
Yesterday, the New York City Council passed a bill prohibiting firms from inquiring about, or relying on, an applicant’s salary history in connection with the recruiting or hiring process. The bill, which would amend the New...more