2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more
12/27/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration Agreements ,
Artificial Intelligence ,
Data Privacy ,
DFEH ,
Drug Testing ,
Employee Training ,
Employer Liability Issues ,
Exemptions ,
Federal Arbitration Act ,
Gender Identity ,
Local Ordinance ,
Medical Marijuana ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
NYSHRL ,
Paid Leave ,
Preemption ,
Right to Privacy ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
SHIELD Act ,
State Labor Laws ,
Statute of Limitations ,
Title VII
As we approach the New Year, employers should keep in mind that several updates to the New York Paid Family Leave Law (“NYPFLL”) are scheduled to take effect on January 1, 2020....more
As we previously reported, Nevada has enacted a personal leave law, which, effective January 1, 2020, will require private employers with 50 or more employees in Nevada to provide certain employees working in the state with...more
11/19/2019
/ Accrual Method ,
Advisory Opinions ,
Collective Bargaining ,
Employer Liability Issues ,
Exemptions ,
Family and Medical Leave Act (FMLA) ,
Full-Time Employees ,
Labor Commissioners ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
Part-Time Employees ,
Seasonal Workers ,
State Labor Laws ,
Temporary Employees
New York Governor Andrew Cuomo has signed into law a bill which, effective immediately, prohibits employers from accessing information on employees’ or dependents’ reproductive health without prior consent....more
11/19/2019
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Back Pay ,
Civil Monetary Penalty ,
Employee Handbooks ,
Employee Privacy Rights ,
Employer Liability Issues ,
Governor Cuomo ,
Injunctive Relief ,
Liquidated Damages ,
Prior Express Consent ,
Reproductive Discrimination ,
State Labor Laws ,
Waivers
As we previously reported, Connecticut has enacted the Time’s Up Act (the “Act”), which expanded existing sexual harassment training and notice requirements on employers. Under the new law, employers with three or more...more
As we previously reported, effective October 30, 2019, Westchester County, NY employers are required to provide paid leave to employees who are victims of domestic violence or human trafficking (“safe time”). Leave under the...more
As we previously reported, on August 12, 2019, New York State Governor Andrew Cuomo signed into law significant legislation to expand workplace anti-discrimination protections. The State has now updated its FAQs to provide...more
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State, that will significantly expand workplace anti-discrimination protections....more
9/3/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Federal Arbitration Act ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
NYCHRL ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
On the heels of enacting a law to prohibit hairstyle discrimination, New York Governor Andrew Cuomo has signed into law a bill that amends the New York State Human Rights Law (NYSHRL) to expressly prohibit employment...more
On August 12, 2019, Governor Andrew Cuomo signed into law significant expansions to workplace anti-discrimination protections in New York State.
As we previously reported in detail, the new legislation includes numerous...more
On July 2, 2019, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the New Jersey Compassionate Use Medical Marijuana Act (“CUMMA”) to provide...more
As we find ourselves in the midst of summer, employers in New York should keep an eye on the upcoming October 9th deadline for providing anti-harassment training to all employees. ...more
The Colorado legislature has been quite active in recent weeks, passing several new employment laws, many of which reflect nationwide trends. Among other things, the new laws address discriminatory pay disparities, salary...more
7/8/2019
/ Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Human Resources Professionals ,
Job Applicants ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State Labor Laws
As we previously reported, the Universal Paid Leave Amendment Act of 2016 will provide Washington, DC employees with paid leave for several reasons, including...more
Connecticut Governor Ned Lamont recently signed into law the Time’s Up Act (the “Act”), which amends existing state law to impose greater sexual harassment training and notice requirements on employers....more
In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and employees about their...more
6/25/2019
/ Amended Rules ,
Employer Liability Issues ,
Gender-Based Pay Discrimination ,
Governor Cuomo ,
Hiring & Firing ,
Job Applicants ,
Pending Legislation ,
Private Right of Action ,
Race Discrimination ,
Remedies ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
Employees in Oregon have greater protections against workplace harassment thanks to the recently-passed Workplace Protection Act (the “Act”), which would prohibit requiring nondisclosure agreements for employees or applicants...more
6/19/2019
/ Anti-Harassment Policies ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hiring & Firing ,
Illegal Contracts ,
New Rules ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Policies and Procedures ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
Maine’s Governor Janet Mills has signed into law an Act Authorizing Earned Employee Leave (the “Act”), which will require covered employers to provide employees with up to 40 hours of paid personal leave per calendar year....more
5/30/2019
/ Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employer Liability Issues ,
Exceptions ,
Governor Mills ,
Labor Law Violations ,
New Legislation ,
Paid Leave ,
Paid Time Off (PTO) ,
Penalties ,
State Labor Laws
As we have previously reported, in late 2018, a Texas appellate court ruled that a similar paid sick leave ordinance enacted in Austin violated the Texas Minimum Wage Act and the Texas Constitution and was therefore...more
New Jersey will soon become the first state to require certain employers to offer employees tax-favored transportation benefits.
S.B. 1567, also known as An Act Concerning Pre-Tax Transportation Fringe Benefits (the...more
Effective immediately, the New York Election Law has been amended to provide employees in New York with up to three hours of paid time off to vote in any election....more
As we previously reported, Westchester County, NY recently enacted an Earned Sick Leave Law (the “ESSL”), which provides eligible employees with up to 40 hours of paid leave for their own medical needs, those of a family...more
As we previously reported, New York City has enacted the Stop Sexual Harassment in NYC Act, which is a package of bills aimed at addressing and preventing sexual harassment in the workplace. Effective April 1, 2019, all New...more
Cincinnati, Ohio recently became the latest jurisdiction to pass a law that prohibits employers from asking job applicants for their salary history. Under the Prohibited Salary History Inquiry and Use Ordinance (the...more
In this episode of The Proskauer Brief, partner Harris Mufson and associate Arielle Kobetz discuss the New York City Commission on Human Rights (NYCCHR) enforcement guidance on appearance and grooming policies that ban or...more