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Workers Who Can Still Perform Job Without Accommodation Permitted to Advance ADA Claim: What Employers Need to Know

A federal appeals court recently clarified that an employee may qualify for a reasonable accommodation under the Americans with Disabilities Act (ADA) even if they can perform essential job functions without such an...more

New Laws for New York Employers in a New Year: What to Know as 2025 Unfolds

Employers in New York State and New York City face unique challenges given all the new workplace laws that are passed each year – and 2024 was no different. Indeed, multiple bills were enacted in the past year that will raise...more

AI Under Watch: New Developments in New York and California Push Businesses Toward AI Transparency and Compliance

AI is reshaping the workplace, and two of the nation’s most influential states – California and New York – are making sure businesses take accountability. California’s Attorney General issued sweeping advisories on Monday...more

New Study Shows AI Resume Screeners Prefer White Male Candidates: Your 5-Step Blueprint to Prevent AI Discrimination in Hiring

A new study reveals that popular AI-based resume screening tools often favor White and male candidates, showing that resumes tied to White-associated names were preferred 85% of the time. The University of Washington...more

The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track

The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their...more

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

New York Employers Have More Tools to Challenge “Frequency of Pay” Claims After Recent Win: Your Key Takeaways

If you’ve been tracking litigation related to New York’s “frequency of pay” requirement for manual workers, last week’s highly anticipated decision Grant v. Global Aircraft Dispatch brings welcome news to employers. The state...more

New Year, New Workplace Laws: New York’s End-of-Year Wrap-Up

Continuing a years’ long trend of extensive alterations to workplace laws, New York State and New York City continued to enact new workplace legislation impacting employers. A substantial number of enacted bills in the past...more

Are You Compliant with NYC’s New Rules for Using AI in the Workplace? Answers to Your Top 7 Questions

Businesses that use artificial intelligence tools to hire and promote employees in the Big Apple are navigating uncharted waters as they grapple with significant compliance obligations. New York City’s first-of-its-kind law...more

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

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

Sizing Up Size Discrimination: New York City Could Soon Prohibit Height and Weight Discrimination in the Workplace

The movement to expand legal protections against forms of appearance-based discrimination could soon gain a formidable ally. The New York City Council passed a bill on May 11 that would prohibit employers from discriminating...more

4-Step Plan for Employers as NYC Proposes Rules to Clarify the Use of AI in the Workplace

New York City employers should breathe a sigh of relief as the City recently issued rules to clarify a groundbreaking law about to go into effect aimed at protecting employees from unlawful discrimination when artificial...more

NYC Fast Food Employers Back in the Spotlight: More Amendments to the City’s Fair Workweek Law Coming Your Way

It is looking increasingly likely that fast food employers in New York City will have to deal with troubling new workplace regulations in the near future, including the prospect of increased penalties for violations,...more

Top 5 Surprises for NYC Fast Food Employers in Finalized Fair Workweek Law Rules

New York City workplace regulators just finalized rules for New York City’s Fair Workweek and just cause laws for fast food workers – and there are some changes from the initial proposals that may come as a surprise to...more

NYC Set to Finalize New Regulations to Further Complicate Fast Food Workplaces

New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense...more

New York Employers Must Prepare for Strengthened Whistleblower Protections

New York employees will soon have greater rights to assert claims of wrongdoing by their employers without retaliatory action. State lawmakers recently amended New York’s whistleblower law protections for private sector...more

Robots Beware: NYC Cracks Down on Artificial Intelligence Use in the Workplace

New York City employers who use artificial intelligence technologies to recruit and hire candidates and promote employees will soon face significant compliance obligations aimed at preventing bias when using such technology....more

7 Steps Employers Can Take While Rehiring to Avoid COVID-19 Discrimination Workplace Lawsuits

A former employee of a prominent midtown Manhattan boutique hotel filed a class-action age discrimination lawsuit against her former employer, alleging the hotel failed to rehire her or other older employees after reopening...more

New York Employers Must Act Immediately to Comply with NY HERO Act

New York employers must take immediate steps to comply with statutory requirements aimed at preventing the spread of infectious disease in the workplace. As previously reported, in May New York State passed the NY HERO Act,...more

New York Enacts Major Expansion of Workplace Health and Safety Standards to Create COVID-Related Protections

Following an eleventh-hour agreement to make “technical changes” to the version of the bill passed by the New York State legislature, Governor Cuomo signed into law the New York Health and Essential Rights Act – also known as...more

2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage...

The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more

What New York State Employers Need To Know About Cannabis Legalization

Recreational use of cannabis or marijuana is now legal in New York State. On March 31, Governor Cuomo signed into law the Marihuana Regulation and Taxation Act. The legalization of cannabis will have significant short and...more

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