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Manufacturing in the Upstate Tech Corridor Employment Laws that are Unique to New York Part 2

This is the second in a series of articles for manufacturers expanding operations into New York State for the first time, particularly those manufacturers and suppliers taking advantage of the tech boom across the Upstate...more

NLRB General Counsel Continues Challenge to Non-Compete Agreements, Announces Position on Sign-On Bonuses and Other “Stay-or-Pay”...

We previously reported that the National Labor Relations Board (NLRB or the Board) General Counsel Jennifer Abruzzo issued a memorandum in May 2023 advancing the position that non-compete agreements between employers and...more

Manufacturing in the Upstate NY Tech Corridor Employment Laws that are Unique to New York Part 1

For manufacturers and suppliers expanding their operations into New York State for the first time, there are a myriad of legal idiosyncrasies to navigate. Businesses must proactively identify areas in which a different...more

NLRB Further Erodes Employer Rights and Promotes Unionization

The National Labor Relations Board (NLRB) continues to drastically change the law and tilt the playing field against employers and in favor of labor unions. Last week, the Biden NLRB issued new rules governing the...more

NY Employers Face Expanded Liability for Negligent Supervision

Can a New York employer be held liable for economic losses suffered by a party that has no business relationship with the employer based on an employee’s unauthorized fraudulent scheming? This issue was recently presented to...more

Second Circuit Clarifies Federal Law on Employment Retaliation Claims

In a recent decision, the U.S. Second Circuit Court of Appeals, the federal appeals court covering New York and adjacent states, sought to clarify the federal law standard for evaluating retaliation claims under the principal...more

NLRB General Counsel Issues Sweeping Challenge to Non-Compete Agreements

On May 30, 2023 the National Labor Relations Board (NLRB or the Board) General Counsel issued a memorandum advancing the position that non-compete agreements between employers and employees, which limit employees from...more

Governor Hochul Signs Warehouse Worker Protection Act Into Law

On Dec. 21, 2022, Gov. Kathy Hochul signed the Warehouse Worker Protection Act (WWPA), S.8922/A 10020, into law. This new legislation aims to protect warehouse distribution workers from undisclosed or unlawful work speed...more

NLRB Asserts Employment Protections for Student-Athletes and Seeks to Hold the University of Southern California, Pac-12...

The National Labor Relations Board (NLRB) General Counsel has issued a complaint against the University of Southern California (USC), the Pac-12 Conference and the NCAA claiming that certain USC student-athletes are employees...more

12/21/2022  /  NCAA , NLRA , NLRB , Student Athletes , Universities

Initial Health Care Worker Bonus Requires Filing by September 2

On August 3, 2022, Gov. Kathy Hochul announced the Health Care and Mental Hygiene Worker Bonus program, also known as the HWB program. Enacted in New York’s Fiscal Year 2023 budget, the program allocates $1.3 billion for the...more

The Demise of Roe v. Wade: Employment and Benefits Considerations

On June 24, 2022, in Dobbs v. Jackson Women’s Health Org., 2022 WL 2276808 (June 24, 2022), the U.S. Supreme Court overruled Roe v. Wade 410 U.S. 113 (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey 505...more

OSHA’s Vax or Test Emergency Temporary Standard (ETS) is Here

On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) released an emergency temporary standard (ETS) requiring all employers with 100 or more employees, with a few exceptions, to mandate vaccination or...more

Lessons from Google: What Employers Should Know About Minority Unions

It is no secret that private sector union membership has dramatically decreased over the past several decades. This reality has forced labor organizers to get creative with their efforts. Perhaps this is one reason why...more

Arbitration Agreement Does Not Bar New York State Division of Human Rights Proceeding

Earlier this month, the federal court for the Western District of New York issued a decision in Charter Communications, Inc. v. Derfert, No. 20-cv-915, 2021 WL 37726 (W.D.N.Y. Jan. 4, 2021) holding that an employment...more

New Federal Pay Equity Reporting Imposed by EEOC

On July 15, 2019, the EEOC issued the final protocols for enhanced EEO-1 reporting. Most private sector employers with 100 or more employees are now required to report, on or before September 30, 2019, pay and hours data on...more

New York Appellate Court Confirms the Expansive Scope of the New York City Anti-Harassment Law

A recent decision from the New York Appellate Division is a clarion call to employers in New York City of the legal risks they face for workplace harassment claims and the need for diligence in their harassment training and...more

What is "Employment" in the Gig Economy?

The task-based business model of the gig economy is transformative in every industry affected, from ride-hailing (Uber, Lyft), to housing rental (Airbnb), to food delivery (Uber Eats, Grubhub), to professional services...more

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