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Publications
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3.28.2024March Tip of the Month: Employees May Now Sue Employers for Alleged Violations of the New York City Earned Safe and Sick Leave LawUpdatesIn an important change, beginning on March 20, 2024, employees may file lawsuits, including class actions, against their employers for alleged violations of New York City’s Earned Safe and Sick Time Act (the Sick Leave Law), rather than having to rely on agency enforcement actions.
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2.26.2024February Tip of the Month: SEC Targets Whistleblower Restrictions in Employment-Related AgreementsUpdatesThe U.S. Securities and Exchange Commission (SEC) has signaled that it will take aggressive action against employers who, by way of employment-related agreements, restrict, prohibit, or otherwise discourage employees from reporting suspected securities law violations.
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1.30.2024January Tip of the Month: DOL Reinstates 'Economic Realities Test' for Independent Contractor AnalysisUpdatesOn January 10, 2024, the U.S. Department of Labor (DOL) published a Final Rule revising its prior guidance on how to determine whether an individual may properly be classified as an independent contractor under the Fair Labor Standards Act (FLSA).
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12.27.2023December Tip of the Month: New York Limits the Scope of Enforceable Employee Invention Assignment AgreementsUpdatesOn September 15, 2023, New York Governor Kathy Hochul signed into law Senate Bill 5640, which adds Section 203-f to the New York Labor Law. Section 203-f creates statutory limitations on an employer's use of invention assignment provisions.
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11.29.2023November Tip of the Month: New York Minimum Wage Set To Increase in 2024UpdatesBeginning January 1, 2024, the state minimum wage in New York will increase. Subject to limited exceptions, it will then continue to increase annually thereafter.
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10.30.2023October Tip of the Month: Employers Must Consider Generative AI PoliciesUpdatesWhile generative artificial intelligence (AI) programs can allow employees to complete certain tasks more efficiently, they can also raise concerns regarding copyright infringement, plagiarism, and data privacy, among others.
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10.02.2023New York Bans Employers From Requiring Disclosure of Personal Social Media Login CredentialsUpdatesNew York Governor Kathy Hochul signed into law bill A836 on September 14, 2023, prohibiting employers from requesting or requiring employees or job applicants to disclose the login credentials for their personal social media accounts, or from retaliating against employees or job applicants who refuse to do so.
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09.21.2023September Tip of the Month: New York Bans Employers From Requiring Disclosure of Personal Social Media Login CredentialsUpdatesOn September 14, 2023, New York Governor Kathy Hochul signed into law a bill prohibiting employers from requesting or requiring that employees or job applicants disclose the log-in credentials for their personal social media accounts, or retaliating against employees or job applicants who refuse to do so.
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08.30.2023August Tip of the Month: NLRB Decision Modifies Independent Contractor AnalysisUpdatesOn June 16, 2023, the National Labor Relations Board issued a decision reinstating an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act.
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07.28.2023July Tip of the Month: Supreme Court DEI Decisions Raise Questions for EmployersUpdatesOn June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina that the race-conscious admission practices used by Harvard College and the University of North Carolina violated the Constitution and Title VI of the Civil Rights Act of 1964. While the legal landscape for corporate DEI programs technically remains unchanged, employers should proactively assess their DEI initiatives to ensure ongoing compliance.
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06.28.2023June Tip of the Month: New York State Legislature Passes Bill Banning Noncompete AgreementsUpdatesOn June 20, 2023, the New York State Legislature passed a bill which, if signed by Governor Kathy Hochul, will impose a blanket ban on—and render unlawful—all future noncompete agreements in New York.
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06.23.2023Update: Governor Hochul Signs Amendment to New York State Pay Transparency LawPodcastsNew York State Governor Kathy Hochul signed an amendment to the New York State Pay Transparency Law (NYSPTL).
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06.22.2023New York State Legislature Passes Bill Banning Noncompete AgreementsUpdatesOn June 20, 2023, the New York State Assembly passed a bill which, if signed by New York Governor Kathy Hochul, will impose a blanket ban on—and render unlawful—all future noncompete agreements. New York’s proposed law is the most recent crackdown on the enforceability of noncompetes amid a wave of federal and state efforts to limit such agreements or prohibit them outright.
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05.22.2023May Tip of the Month: NYC Council Adds Height and Weight as Protected Characteristics Under Human Rights LawUpdatesOn May 11, 2023, the New York City Council passed a bill to add height and weight to the list of protected characteristics under the New York City Human Rights Law.
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04.27.2023April Tip of the Month: New York City Publishes Final Rule Regarding Use of AI Tools in Employment Decision-MakingUpdatesNew York City published final rules on April 5, 2023, for Local Law 144, which prohibits employers from using automated employment decision tools to screen job candidates unless certain bias audit and notice requirements are met.
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03.30.2023March Tip of the Month: New York Amends Forthcoming Pay Transparency LawUpdatesNew York Governor Kathy Hochul amended New York State’s pending Pay Transparency Law, which will require employers with four or more employees to include a compensation range and job description in certain job advertisements.
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03.29.2023Governor Hochul Signs Amendment to New York State Pay Transparency LawUpdatesNew York State Governor Kathy Hochul signed an amendment to the New York State Pay Transparency Law on March 3, 2023. The law, which Governor Hochul first signed on December 21, 2022, requires employers to list compensation ranges for certain job, promotion, or transfer opportunities. The amendments clarify some aspects of the original law and is scheduled to go into effect on September 17, 2023.
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02.28.2023February Tip of the Month: NLRB Ruling Affects Nondisparagement and Confidentiality ProvisionsUpdatesThe National Labor Relations Board issued a significant decision that dramatically affects employers’ ability to include nondisparagement and confidentiality provisions in separation agreements and other employment-related documents.
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11.30.2022November Tip of the Month: NLRB Proposes New “Joint Employer” Legal StandardUpdatesThe National Labor Relations Board recently released a Notice of Proposed Rulemaking which, if adopted, would establish a new “joint employer” legal standard under the National Labor Relations Act.
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10.31.2022October Tip of the Month: DOL Proposes New Rule on Independent Contractor StatusUpdatesOn October 13, 2022, the U.S. Department of Labor (DOL) proposed a new rule that would revise the DOL’s guidance on how to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA).
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09.29.2022September Tip of the Month: Employers With California Employees Must Ensure CalSavers Retirement Program ComplianceUpdatesEmployers who do not sponsor a qualified retirement plan, such as a 401(k) plan, and have at least five employees in California must be sure to promptly enroll in California’s CalSavers program.
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08.31.2022August Tip of the Month: New York City Steps Up Enforcement of Worker Protection LawsUpdatesThe New York City Department of Consumer and Worker Protection has actively stepped up enforcement of the city’s worker protection laws.
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07.28.2022July Tip of the Month: New York State’s Freelance Isn’t Free ActUpdatesOn June 2, 2022, the New York State Legislature passed the Freelance Isn’t Free Act.
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06.28.2022June Tip of the Month: Potential Changes to New York State Job Posting RequirementsUpdatesEmployers throughout New York state may soon be required to include salary ranges in job postings, as well as promotion and transfer opportunities.
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05.26.2022May Tip of the Month: Legislation Limiting Employers’ Use of Restrictive CovenantsUpdatesAdding to a growing list that already includes Massachusetts, D.C., California, and Illinois, in May 2022, several more states took steps to enact legislation to limit employers’ ability to use non-compete and other restrictive covenants.
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04.28.2022April Tip of the Month: New York City to Restrict Use of AI in Employment-Related DecisionsUpdatesEffective January 1, 2023, employers with employees in New York City will be restricted in their use of artificial intelligence (AI) tools in connection with employee recruitment, hiring, and other employment-related decisions.
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02.25.2022February Tip of the Month: New York City Enacts Pay Transparency LawUpdatesEffective May 15, 2022, New York City will join a growing list of jurisdictions requiring pay transparency in job opening advertisements.
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01.27.2022January Tip of the Month: New York Mandates Electronic Monitoring NoticeUpdatesEffective May 7, 2022, New York employers that electronically monitor their employees’ telephone, email, or internet access or usage will be required to provide their employees with written notice of such electronic monitoring upon hire.
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12.17.2021NYC Releases Detailed Guidance Regarding Vaccine MandateUpdatesFurther to New York City Mayor Bill DeBlasio’s December 6, 2021 announcement, the New York City Department of Health has now released detailed guidance regarding the vaccine mandate for private employers.
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12.07.2021December Tip of the Month: New York City Announces Vaccine Mandate for All Private Sector New York City EmployersUpdatesNew York City Mayor Bill DeBlasio announced sweeping new vaccine requirements for NYC employers and residents, including a “first-in-the-nation” requirement that all private-sector employers mandate that their employees receive the COVID-19 vaccination, without a standard testing alternative.
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11.29.2021November Tip of the Month: New York Whistleblower StatuteUpdatesOn October 28, 2021, New York Governor Kathy Hochul signed into law legislation substantially broadening New York’s whistleblower statute.
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10.15.2021October Tip of the Month: OSHA Delivers Proposed Vaccine MandateUpdatesOn October 12, 2021, the Occupational Safety and Health Administration (OSHA) delivered its proposed vaccine mandate Emergency Temporary Standard (ETS) to the White House for final review.
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09.22.2021September Tip of the Month: COVID-19 Regulatory LandscapeUpdatesBoth federally and in New York, the COVID-19 regulatory landscape continued to evolve in September.
Presentations
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04.03.2024
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06.15.20222022 Annual Labor & Employment Law Workshop (Virtual)WebinarsA half-day, virtual employment law workshop, which covered a variety of topics, including an update on seminal federal and state employment law developments including in the areas of wage-and-hour law and the gig economy, family and medical leave and accommodations, arbitration and confidentiality in employment agreements, and other trends employers should watch in 2022.
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08.30.2021Vaccine Mandate: PHHPC Approves Revised Emergency Regulation; No Religious Exemptions, Expands SettingsSpeaking EngagementsHealthcare Association of New York State / Webinar
Wage & Hour Developments
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In an important change, beginning on March 20, 2024, employees may file lawsuits, including class actions, against their employers for alleged violations of New York City’s Earned Safe and Sick Time Act (the Sick Leave Law), rather than having to rely on agency enforcement actions. Such lawsuits may be filed within two years after the date...
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Wages Set To Increase in New York in 2024
As previously reported, on May 3, 2023, New York Governor Kathy Hochul signed into law the FY2024 New York State Budget Agreement (the Budget), which includes legislation increasing the state’s minimum wage rate over the next three years. Specifically, the Budget amended Section 652 of the New York Labor Law (NYLL) as follows: Effective Date...
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Wage Theft Now Qualifies as Larceny Under New York Law
New York Governor Kathy Hochul recently signed the Wage Theft Accountability Act (WTPA) into law, which was effective immediately. The law amends New York’s criminal larceny statute to include “wage theft” in its definition of “larceny.” NY CLS Penal § 155.05(2)(f). Under New York’s criminal larceny statute, “[a] person steals property and commits larceny when,...
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New York Amends Forthcoming Pay Transparency Law
On March 3, 2023, New York Governor Kathy Hochul signed into law an amendment to New York State’s pending Pay Transparency Law, which will become effective on September 17, 2023. A summary of the amendment can be found here.
