On September 9, 2024, the U.S. Securities and Exchange Commission announced it had settled charges against seven public companies that utilized employment and employment-related agreements that the SEC believed violated its...more
The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial...more
Beginning November 1, 2023, all U.S.-based employers must use the revised Form I-9, Employment Eligibility Verification, edition date 08/01/23, when completing the employment eligibility verification process for employees....more
On August 2, 2023, the National Labor Relations Board (NLRB or the Board) finally released its much-anticipated decision in Stericycle, Inc., 372 NLRB No. 113 (2023). The Board re-examined its prior precedent and overturned...more
On June 21, 2023, the New York State Department of Labor amended the New York Worker Adjustment and Retraining Notification Act (NY Mini-WARN Act). The updated regulations took effect immediately....more
The National Labor Relations Board (NLRB) has just weighed in on independent contractors – and has overturned the Trump-era standard in favor of the more complex Obama-era standard. In The Atlantic Opera, 372 NLRB 95 (2023),...more
In an opinion issued on February 22, 2023, the Supreme Court held that high-earning professionals must be paid on a salary basis in order to qualify for overtime exempt status under the Fair Labor Standards Act (FLSA). This...more
On February 21, 2023, the National Labor Relations Board (Board) issued a decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), holding that non-disparagement and confidentiality provisions included in a...more
New York City’s Local Law 144 prohibits employers and employment agencies from using “automated employment decision tools” (AEDTs) to assess hiring and promotion decision unless such tools have undergone an independent bias...more
On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with...more
President Biden recently signed into law the Speak Out Act (S. 4524), which prohibits enforcement of pre-dispute nondisclosure and nondisparagement agreements in connection with sexual assault and sexual harassment disputes....more
New York City’s new law concerning artificial intelligence in employment decisions will still go into effect on January 1, 2023, but enforcement has been delayed until April 15, 2023. NYC employers subject to the law should...more
On April 28, 2022, the New York City Council passed a revised version of the New York City pay transparency law, which, among other things, pushes the effective date to November 1, 2022....more
The New York City pay transparency law remains likely to become effective May 15, 2022, despite a bill that has been introduced which would delay the effective date until November. ...more
Beginning in April 2022, NYC employers with four or more employees must include the salary range of the position in job postings. The law, which passed on January 15 after the mayor did not take action to veto, amends the New...more
On January 13, the United States Supreme Court reinstituted a stay on the Occupational Safety and Health Administration Emergency Temporary Standard (OSHA ETS), which mandates that employers with 100 or more employees require...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted a stay on the Occupational Safety and Health Administration's "vaccination-or-test" Emergency Temporary Standard (ETS), allowing the ETS to take...more
On December 6, New York City announced that beginning December 27 it would require all private employers to require their employees to show proof of COVID-19 vaccination before entering the workplace. Since the announcement,...more
On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) announced its long-awaited Emergency Temporary Standard (ETS) that requires employers with 100 or more employees, among other things, to...more
On November 1, 2021, the Biden Administration issued several new frequently asked questions (FAQs) for federal contractors subject to the President’s executive order mandating COVID-19 vaccinations for covered contractor...more
The Safer Federal Workforce Task Force (Task Force) has issued its guidance (Guidance) regarding the COVID-19 safety protocols that federal contractors must implement under President Biden’s recent Executive Order 14042. The...more
9/27/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Popular ,
Vaccinations ,
Workplace Safety
On September 6, 2021, Governor Hochul declared COVID-19 as an “airborne infectious disease” thereby triggering the NY Hero Act. We previously wrote about how the NY Hero Act did not require immediate implementation since...more
Citing concerns about potential spread of the COVID-19 “Delta variant” and the fact that even fully vaccinated individuals infected with the Delta variant can spread COVID-19 to others, on July 27, 2021, the Centers for...more
On July 7, 2021, the New York Department of Labor (DOL) published the NY Hero Act airborne infectious disease exposure prevention standard (the Standard) and industry-specific model airborne infectious disease exposure...more
As we previously discussed, on May 5, 2021, Governor Cuomo signed the NY Hero Act (the Act) into law, codifying health and safety protocols in response to the COVID-19 pandemic. ...more