News & Analysis as of October 13, 2024

Wage and Hour

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Employment Law Update: New York’s Freelance Isn't Free Law: What NY Employers Need to Know

Whiteford on 10/1/2024

On August 28, 2024, New York State’s Freelance Isn’t Free Law (“FIFL”) took effect, extending protections to freelance workers statewide. This sweeping law is codified in a new Article 44-A to New York State’s General...more

New Protections for Freelancers Statewide Under the New York Freelance Isn’t Free Act

Foster Garvey PC on 8/15/2024

Originally effective in New York City from May 15, 2017, the New York Freelance Isn’t Free Act will now expand its protections to freelance workers across the entire state, effective August 28, 2024. This updated legislation...more

Freelance Isn’t Free Act Soon Takes Effect Throughout New York State

Epstein Becker & Green on 7/1/2024

For employers doing business in New York, the “Freelance Isn’t Free” Act (the “Act”) signed into law by Governor Kathy Hochul in March of this year may have stirred up memories of the New York City ordinance enacted just a...more

New York Enacts Sweeping Changes to Independent Contractor Arrangements

Littler on 1/26/2024

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

New York Expands Employer Obligations to Provide Employees with Notice of Eligibility for Unemployment Insurance Benefits

Hinshaw & Culbertson - Employment Law... on 1/10/2024

Governor Kathy Hochul signed a bill into law, effective on November 11, 2023, amending Section 590 of the New York Labor Law. Under the law, employers are obligated to provide notice to employees of their right to file for...more

New York Governor Vetoes Proposed Ban on Noncompete Agreements

Troutman Pepper on 12/29/2023

Q. Did New York institute a ban against noncompete agreements? ...more

Revisions to New York Unemployment Notice To Take Effect

Seyfarth Shaw LLP on 11/9/2023

eyfarth Synopsis: Governor Kathy Hochul has signed a bill amending Section 590 of the New York Labor Law to require employers to provide employees, upon separation, with notice of their right to file for unemployment benefits...more

New York State Pay Transparency in Job Advertisements Law Goes Into Effect and Department of Labor Issues Proposed Regulations

Seyfarth Shaw LLP on 10/2/2023

Seyfarth Synopsis: New York State’s law on pay transparency in job advertisements went into effect on September 17, 2023. A few days before the law’s effective date, the state’s Department of Labor published proposed rule...more

New York Issues Guidance, Proposes Regulations on Newly Effective Pay Transparency Requirements

Jackson Lewis P.C. on 9/25/2023

Pay transparency obligations are in effect in New York State, and the state Department of Labor has issued employer guidance and proposed regulations. As of September 17, 2023, covered employers must include in any...more

New York State Promulgates Regulations for its New Pay Range Disclosure Law

Epstein Becker & Green on 9/20/2023

As employers throughout New York State are now determining how to comply with the newest State-wide pay transparency law, which took effect on September 17, 2023, the New York State Department of Labor (DOL) released proposed...more

New York State Proposes Regulations for Pay Transparency in Job Advertisements

Littler on 9/20/2023

Earlier this year, New York State joined a growing number of states and cities that have passed laws mandating salary disclosure when advertising open positions. New York’s salary transparency law requires employers to post...more

New York Proposes Pay Transparency Regulations: 10 Takeaways for Employers

Fisher Phillips on 9/14/2023

With only a few days left before New York’s pay transparency law takes effect, the state labor department issued proposed rules aiming to clarify employers’ wage disclosure obligations. Though the regulations are not yet...more

New York State’s Salary Transparency Law Takes Effect September 17, 2023

Epstein Becker & Green on 9/8/2023

The time has come – New York employers are reminded that a statewide salary transparency law goes into effect on September 17, 2023. While many employers in New York City, Westchester County, the City of Ithaca and Albany...more

Navigating New York City’s Law on Use of AI in Hiring and Promotions

Lowenstein Sandler LLP on 7/26/2023

New York City has begun to enforce a law initially passed in 2021 that requires employers to take certain steps before implementing an automated employment decision tool (AEDT). The law reflects a growing focus on the use of...more

Contracts, Discrimination, and Pay, Oh My! A Slew of Employment Protection Bills Head to New York Governor’s Desk

Fisher Phillips on 6/27/2023

New York state lawmakers passed a flurry of employment-related bills in the final weeks of the legislative session. The bills – which now head to Governor Hochul’s desk for consideration – aim to provide workers in the state...more

Navigating NYC’s Law on Use of AI in Hiring and Promotions

Lowenstein Sandler LLP on 5/19/2023

On July 5, 2023, New York City is poised to begin enforcement of a law initially passed in 2021 that requires employers to take certain steps before implementing an automated employment decision tool (AEDT). The law reflects...more

NYC Finalizes Regulations on AI Employment Tools and Will Begin Enforcement on July 5, 2023

Husch Blackwell LLP on 4/21/2023

Keypoint: New York City issued final regulations on the use of automated employment decision tools by employers, with enforcement to begin on July 5, 2023. The New York City Department of Consumer and Worker Protection...more

New York City Issues Final Rule on AI Bias Law and Postpones Enforcement to July 2023

Morgan Lewis on 4/20/2023

The New York City Department of Consumer and Worker Protection (DCWP) issued a Final Rule implementing New York City Local Law 144 (the AI Law) and announced July 5, 2023 as the new effective date for implementation and...more

NYC Publishes Final Rules for Use of Automated Employment Decision Tools

Fox Rothschild LLP on 4/11/2023

The New York City Department of Consumer and Worker Protection (DCWP) issued a Final Rule on April 6, 2023, in an effort to provide guidance to employers subject to the City’s Automated Employment Decision Tool (AEDT) Law,...more

New York Amends Statewide Pay Transparency Law

Sheppard Mullin Richter & Hampton LLP on 3/9/2023

On March 3, 2023, Governor Kathy Hochul signed a series of amendments to the New York Pay Transparency Law (“NYPTL”) into law. As we previously reported, the NYPTL takes effect on September 17, 2023 and will require...more

NYC to Finalize Rules and Begin Regulating AI Employment Tools in Coming Months After Public Hearing

Husch Blackwell LLP on 2/28/2023

Keypoint: After a January hearing, New York City continues to consider comments to a new law regulating employers’ use of automated employment decision tools, with enforcement to begin “in the coming months.”...more

Achieving the New York Dream – 4 Key Workplace Initiatives in Governor Hochul’s State of the State Address

Fisher Phillips on 1/20/2023

New York Governor Kathy Hochul recently delivered her second State of the State address – her first as an elected governor – and managed to provide insight on a few key areas of workplace law that will affect New York...more

Key Preparation for 2023: A Roundup of Critical New York State Labor and Employment Legislation from 2022

Robinson & Cole LLP on 1/13/2023

A number of important New York labor and employment law developments from 2022 should be top of mind as employers ease into 2023. State legislators paid significant attention to anti-discrimination and anti-harassment...more

NYC Department of Consumer and Worker Protection Release Revised Version of Proposed Guidance Rules for the City AI Ordinance

Jackson Lewis P.C. on 1/13/2023

In 2021, New York City enacted a measure that banned the use of Automated Employment Decision-Making Tools (“AEDT”) to (1) screen job candidates for employment, or (2) evaluate current employees for promotion, unless the tool...more

New York Enacts Three New Employment Laws

Goldberg Segalla on 1/11/2023

Takeaways - Citizenship and immigration status are now covered by the New York Human Rights Law. Penalties have been increased for violations of mandatory overtime for nurses. A tight deadline has been created for...more

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