New York State has resolved a recent judicial split regarding pay frequency violation remedies by amending the New York Labor Law (“NYLL”) to limit an employee’s ability to recover sizeable liquidated damages. New York...more
New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections. The U.S. Court of Appeals for the Second Circuit vacated a lower court’s...more
1/22/2025
/ Compliance ,
Constitutional Challenges ,
Corporate Counsel ,
Discrimination ,
Employee Handbooks ,
Employee Rights ,
Employment Litigation ,
Employment Policies ,
First Amendment ,
New York ,
Personal Information ,
Religious Discrimination ,
Reproductive Healthcare Issues ,
State Labor Laws ,
Vacated
A year after announcing its first-in-the-nation effort to increase access to pregnancy-related healthcare, (discussed here), New York’s “paid prenatal leave” law is officially set to take effect on January 1, 2025. Employers...more
New York’s Clean Slate Act is now effective. The Act will lead to the automatic sealing of certain criminal records and will require greater disclosure by employers of the criminal history they can consider in connection...more
11/20/2024
/ Background Checks ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Duty of Care ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New York ,
Sealed Records
On December 22, 2023, New York Governor Kathy Hochul vetoed legislation that would have instituted a near-universal ban on non-competition provisions in New York after negotiations between the Governor and the bill’s...more
Although 2023 perhaps did not see the passage of any laws quite as impactful as 2022—which, as employers will recall, included New York State enacting its own pay transparency law (see here) and novel New York City Council...more
12/15/2023
/ #MeToo ,
Artificial Intelligence ,
Corporate Counsel ,
Earned Sick and Safe Time Act ,
Employee Rights ,
Employment Discrimination ,
Facebook ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Harassment ,
Intellectual Property Protection ,
Minimum Wage ,
New York ,
NYDOL ,
Pay Transparency ,
Remote Working ,
Retaliation ,
Settlement ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
Wage Theft ,
WARN Act
In an effort to further restrict the use of confidentiality clauses when resolving employment discrimination, harassment, and retaliation claims, New York recently passed S4516, which amends Section 5-336 of the New York...more
In her first public comments since its passage, New York Governor Kathy Hochul expressed a desire to see changes in New York’s proposed ban on non-compete agreements (SB 3100) before she would consider signing the bill. We...more
Non-compete agreements may soon be a thing of the past in New York. Following the passage by the New York State Senate of S3100A, the State Assembly passed A1278B, and if signed into law, it would add new Section 191-d into...more
New York may become the latest state to ban non-compete agreements after the New York State Assembly and Senate each passed legislation seeking to curtail their use by employers. This comes on the heels of a proposal by the...more
UPDATE: Governor Hochul has signed the below amendments into law – the amended New York State pay transparency rules will become effective September 17, 2023.
Coming on the heels of Governor Hochul signing into law New...more
Coming on the heels of Governor Hochul signing into law New York State’s pay transparency law on December 21, 2022—which we reported on here—the New York State Legislature recently approved chapter amendments to the law,...more
New York City’s Salary Transparency Act Arguably the most impactful piece of legislation passed in 2022 is New York City’s Salary Transparency Act, which makes it an unlawful discriminatory practice for an employer to...more
12/26/2022
/ Amended Legislation ,
Corporate Counsel ,
Employer Liability Issues ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New Legislation ,
New York ,
NYCHRL ,
Pay Transparency ,
Salaried Employees ,
State Labor Laws ,
Wage and Hour
On December 21, 2022, Governor Hochul signed into law S.9427-A/A.10477, which requires all private sector New York employers to list salary ranges for all advertised jobs and postings. This law takes effect on September 17,...more
On January 4, 2022, and faced with record numbers of COVID-19 cases in New York State, the New York State Department of Health (“NYSDOH”) issued Interim Updated Isolation & Quarantine Guidance. The Interim Guidance aligns...more
New York City has released its anticipated vaccine order for private businesses alongside a workplace vaccine requirement webpage containing interpretative guidance and other helpful links. The new vaccine order generally...more
12/16/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Exemptions ,
New York ,
OSHA ,
Reasonable Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety ,
World Health Organization
The New York State Department of Health Commissioner has extended the designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health in New York State” until...more
...The New York State Commissioner of Health has designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health.” This means that the HERO Act’s many requirements...more
The New York State Commissioner of Health has designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health.” This means that the HERO Act’s many requirements are...more
The New York State Department of Labor (NYSDOL) has released its HERO Act minimum standards and template policies related to airborne infectious disease prevention. Employers now have 30 days after the standards’ publication...more
New York State has issued industry-specific interim guidance for “Phase 2” businesses, which includes a number of “minimum requirements” certain businesses must meet before reopening their workplaces in light of...more