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, 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
Oregon is the latest state to enact a paid family and medical leave law. The law, which will cover all employers with one or more employees working in Oregon, establishes a state-managed insurance program with employers and...more
7/24/2019
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Contributions ,
Employer Contributions ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws
Implementation of the City of San Antonio’s paid sick leave ordinance has been delayed pending a legal challenge, less than two weeks before the ordinance’s scheduled effective date of August 1, 2019....more
Proponents of mandatory arbitration in New York can collectively let out a sigh of relief as a federal court judge has weighed in on the question of whether New York State’s law prohibiting mandatory arbitration of sexual...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
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
Currently, the New York Equal Pay Act provides that no employee shall be paid at a lesser wage rate than an employee of the opposite sex in the same establishment for equal work on a job requiring equal skill, effort and...more
6/26/2019
/ Attorney's Fees ,
Disparate Impact ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Liquidated Damages ,
NYCHRL ,
Pay Discrimination ,
Pay Equity Laws ,
Pending Legislation ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Willful Violations
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
New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more
6/25/2019
/ Affirmative Defenses ,
Attorney's Fees ,
Burden of Proof ,
Covered Employer ,
Damages ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Harassment ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Non-Employees ,
NYSHRL ,
Pending Legislation ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Statute of Limitations
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
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as...more
3/8/2019
/ #MeToo ,
Anti-Harassment Policies ,
Compensatory Damages ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Independent Contractors ,
Local Ordinance ,
Medical Leave ,
NLRA ,
NLRB ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Private Right of Action ,
Punitive Damages ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Title VII ,
Vacated ,
Yovino v Rizo
A new bill seeking to expand paid family leave in New Jersey passed the Senate and Assembly on January 31, 2019, and was signed by Governor Phil Murphy yesterday. The bill makes sweeping changes to the New Jersey Family Leave...more
On January 25, 2019, New York Governor Andrew Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA). ...more