The New York City Department of Consumer and Worker Protection (“DCWP”) has released its highly anticipated FAQs, providing additional guidance to employers seeking to comply with Local Law 144. As we discussed here and...more
7/14/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Audits ,
Automated Systems ,
Bias ,
City of New York ,
Corporate Counsel ,
EEO-1 ,
Employment Policies ,
Enforcement ,
Guidance Update ,
Hiring & Firing ,
Human Rights
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
On May 26th, New York City Mayor Eric Adams signed into law amendments to the City's anti-discrimination/anti-harassment statute (the NYC Human Rights Law) which will add "height" and "weight" to the growing list of protected...more
The New York City Council has passed a bill amending the City’s anti-discrimination statute (the New York City Human Rights Law or “NYCHRL”) to prohibit discrimination and harassment on the basis of an individual’s “height”...more
5/22/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
City of New York ,
Disability Discrimination ,
Employee Training ,
Employment Discrimination ,
Hairstyle Discrimination ,
Harassment ,
Hiring & Firing ,
Housing Discrimination ,
Human Rights ,
Job Applicants ,
Public Accommodation
After a few iterations of proposed rules, the New York City Department of Consumer and Worker Protection (“DCWP”) has finally adopted final rules regarding the implementation of NYC’s new law regulating Automated Employment...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
When did a "Receptionist" become an "Assistant Manager of Reservations?" According to a new research study, employers' use of exaggerated job titles has increased rapidly over the past decade. The study points to a trend that...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
The Equal Employment Opportunity Commission’s first commission meeting of 2023, entitled Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier, kicked off the New Year addressing...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
President Biden has signed into law the federal “Speak Out Act” limiting the enforceability of pre–dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes. The Act takes...more
A tech industry titan recently released to the public a 50-page report, drafted by outside legal counsel, which outlines the company's efforts - and shortcomings - in approaching and investigating gender-based discrimination...more
Employers may already be aware of existing state and city laws regarding “pay transparency,” which require certain employers to publish “pay scales” in job advertisements. These pay transparency laws generally require that a...more
As the New York Times highlighted, November's arrival means that NYC's pay transparency law will finally go into effect. The basic compliance framework seems somewhat simple - most NYC employers will now be required to...more
For years, employers have been exploring the possibility of how automated tools (ranging from basic computer screening methods to advanced artificial intelligence systems) may be able to improve and simplify the hiring...more
You've likely heard about the latest term to enter the workplace zeitgeist - "quiet quitting" - from any number of sources, including the New York Times and the Wall Street Journal. Advocates of "quiet quitting" are largely...more
On August 11, 2022, the Centers for Disease Control and Prevention (CDC) once again revised its public health recommendations regarding COVID-19 prevention measures in general community settings, including non-healthcare...more
Whether driven by political ideology, workforce demands, or other considerations, many employers will want to offer support in light of the Dobbs decision, and many employees may also wish to engage with their employers or...more
This week, the Boston Globe and Fortune reported on the ongoing return to office battle between employers (many of whom are seeking a robust return to pre-pandemic work models without further delay) and employees (many of...more
On June 24, 2022, the Supreme Court issued its much-anticipated decision in Dobbs v. Jackson Women’s Health Organization. The decision explicitly reverses Roe v. Wade, thereby radically altering the legal and political...more
6/27/2022
/ Abortion ,
Corporate Counsel ,
Department of Labor (DOL) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
MHPAEA ,
Preemption ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Women's Rights
The New York City Council has amended the New York City Salary Range Transparency Act (the “Act”). The Mayor has 30 days to sign the amended law. As discussed in our initial post, the Act amended the New York City Human...more
5/3/2022
/ Attorney's Fees ,
Compensatory Damages ,
Damages ,
Human Rights ,
Minimum Salary ,
New Guidance ,
Punitive Damages ,
Transparency ,
Unemployment Benefits ,
Wage and Hour ,
Wages
The EEOC has once again updated its guidance and answers regarding the ongoing COVID-19 pandemic’s interaction with anti-discrimination laws. We previously discussed this guidance here. This guidance, updated on March 1,...more
The Supreme Court has stayed OSHA from enforcing its vaccine-or-test rule for large private employers. In its opinion, the Court found that Congress did not grant OSHA the authority to issue such a sweeping rule. Empowered...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety