The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more
8/19/2024
/ Amended Legislation ,
Arbitration ,
Biden Administration ,
Dispute Resolution ,
Effective Date ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Hostile Environment ,
New Legislation ,
Retaliation ,
Retroactive Application ,
Sexual Harassment
On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more
3/15/2024
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employer Liability Issues ,
Free Speech ,
New Legislation ,
Racial Bias ,
Stop Woke Act ,
Students for Fair Admissions v Harvard College ,
Title VII
With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more
1/4/2024
/ Appellate Courts ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Environmental Social & Governance (ESG) ,
Evidence ,
Evidentiary Standards ,
Reverse Discrimination ,
Sexual Orientation ,
Title VII
New York Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free Act,” which will provide protections for freelance workers, mirroring those already provided in New York City....more
On September 6, 2023, New York Governor Kathy Hochul signed a law that prohibits employers from requiring employees to attend employer-sponsored meetings the “primary purpose” of which is to communicate the employer’s...more
Under a recently introduced bill, employers across New York State could face new restrictions on the electronic surveillance of workers and the growing use of automated decision-making and artificial intelligence (AI)...more
On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the...more
7/5/2023
/ Artificial Intelligence ,
Audits ,
Automation Systems ,
Bias ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Final Rules ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Notice Requirements
On April 11, 2023, the New York State Department of Labor (NYSDOL) finalized updates to the state’s “Sexual Harassment Model Policy” that provides employers a template to aid their compliance with New York State laws...more
4/18/2023
/ Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Model Rules ,
Online Platforms ,
Remote Working ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
On April 6, 2023, the New York City Department of Consumer and Worker Protection (DCWP) adopted highly anticipated final rules implementing the city’s law regulating the use of automated employment decision tools (AEDT) tools...more
On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in...more
12/22/2022
/ ADEA ,
Age Discrimination ,
Compensatory Damages ,
Employer Liability Issues ,
Employment Litigation ,
Jury Trial ,
McDonnell Douglas Formula ,
Proportionality ,
Punitive Damages ,
Termination ,
Virgin Islands ,
Wrongful Termination
On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. Specifically,...more
On September 23, 2022, the New York City Department of Consumer and Worker Protection published proposed rules to implement the city’s automated employment decision tools (AEDT) law. The law, which will take effect on...more
Employers and employment agencies in New York City that currently utilize, or expect to utilize, automated tools to make employment decisions may wish to begin planning now for restrictions that will take effect on January 1,...more
1/7/2022
/ Analytics ,
Artificial Intelligence ,
Automated Systems ,
Data Collection ,
Disclosure Requirements ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Machine Learning ,
Penalties
On November 8, 2021, New York Governor Kathy Hochul signed into law an amendment to the New York Civil Rights Law that requires employers with places of business in the state to provide prior notice concerning the monitoring...more
The New York attorney general’s August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation Into Allegations of Sexual Harassment by...more
Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands,...more
As we previously reported, since the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has issued instructions, statements, and guidance to help employers navigate COVID-19’s workplace...more
Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands,...more
Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series will offer tips for doing business in the U.S. Virgin Islands, covering...more
7/8/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Virgin Islands
Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part blog series will offer tips for doing business in the U.S. Virgin Islands,...more
Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part blog series will offer tips for doing business in the U.S. Virgin Islands,...more
As we previously reported this past summer, the New York State Senate and Assembly passed Senate Bill 6549, which amended Section 194 of the New York Labor Law to prohibit wage differentials based on any protected class. As...more
10/2/2019
/ Anti-Discrimination Policies ,
Deadlines ,
Employee Training ,
Employer Liability Issues ,
Governor Cuomo ,
Human Rights Act ,
New Legislation ,
Non-Disclosure Agreement ,
Pay Equity Laws ,
Protected Class ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
As we previously reported, the New York State Senate and Assembly passed an omnibus bill that overhauls New York’s antidiscrimination laws and uproot precedent upon which employers have relied for decades in defending...more
8/14/2019
/ Arbitration ,
Employer Liability Issues ,
Employment Contract ,
Harassment ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
NYCHRL ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
As we previously reported, the New York State Senate and Assembly recently passed Senate Bill 5248A and Senate Bill 6549. Governor Andrew Cuomo signed both bills, and both became law on July 10, 2019.
Senate Bill 5248A,...more
On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. This legislation, once effective, will overhaul New York’s anti-discrimination laws and uproot precedent...more
6/26/2019
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration ,
Attorney's Fees ,
Civil Rights Act ,
Employee Training ,
Employer Liability Issues ,
Faragher/Ellerth defense ,
Human Rights Act ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Pending Legislation ,
Punitive Damages ,
Sexual Harassment ,
State and Local Government ,
Title VII