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
In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin explores the concept of ‘DEI Diplomacy’ with Associate Corbin Carter and how the conversation around diversity, equity, and inclusion is...more
In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin explores the concept of ‘DEI Diplomacy’ with Associate Corbin Carter and how the conversation around diversity, equity, and inclusion is...more
The Trump Administration issued its latest Executive Order entitled Restoring Equality of Opportunity and Meritocracy (the “EO”) on April 23, 2025. The EO focuses on “disparate impact” discrimination and is the latest in a...more
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released joint “technical assistance documents” (i.e., non-binding interpretive guidelines for...more
3/20/2025
/ Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Harassment ,
Race Discrimination ,
Retaliation ,
Sex Discrimination ,
Title VII
Rapid changes across the federal government are creating tremendous ambiguity for the private sector, particularly around employment and immigration issues....more
3/3/2025
/ Biden Administration ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Non-Compete Agreements ,
State Labor Laws ,
Trump Administration ,
Workplace Safety
A federal district court in Maryland has temporarily enjoined enforcement of several key aspects of two recent DEI-related executive orders from the Trump Administration – Executive Order 14151 (Ending Radical and Wasteful...more
2/25/2025
/ Affirmative Action ,
Compliance ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Preliminary Injunctions ,
Trump Administration
President Trump’s executive order entitled Removing Barriers to American Leadership in Artificial Intelligence (the “Trump AI Order”) seeks to create “a path for the United States to act decisively to retain global leadership...more
President Trump has issued a flurry of wide-ranging executive orders intended to shake up the employment landscape. One of those orders, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the...more
1/24/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
OMB ,
Rehabilitation Act ,
Subcontractors ,
Trump Administration
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
In the latest episode of the Mintz on Air: Predictions and Practical Policies Podcast, ESG Co-chair Jen Rubin hosts a timely discussion on Title VII of the Civil Rights Act, Executive Order 11246, and how employers can...more
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
A federal judge in Texas has vacated the U.S. Department of Labor’s final rule increasing the salary thresholds for the “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA) and did so on a nationwide...more
A judge in the Northern District of Texas issued an order setting aside the Federal Trade Commission’s rule banning non-compete agreements and ordered that the rule shall not be enforced or otherwise take effect on September...more
On August 14th, a second federal judge, this time out of the Middle District of Florida, temporarily blocked the FTC’s rule banning non-compete agreements, but only as to the named plaintiff in that case. In Properties of...more
On July 3, 2024, the Federal District Court in the Northern District of Texas in Ryan LLC v. Federal Trade Commission granted a preliminary injunction staying the effective date of the FTC’s non-compete rule and enjoining the...more
The New York City Department of Consumer and Worker Protection (DCWP) officially debuted its new “Know Your Rights at Work” poster and Workers’ Bill of Rights website. The poster, which links to the DCWP website via a QR...more
4/23/2024
/ City of New York ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Labor Reform ,
Labor Regulations ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
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
The City of Chicago recently enacted a new Paid Leave and Paid Sick and Safe Leave ordinance. Though initially slated to go into effect December 31, 2023, on December 13, 2023, the Chicago City Council voted to amend the...more
12/22/2023
/ Cause of Action Accrual ,
City of Chicago ,
Collective Bargaining Agreements (CBA) ,
Documentation ,
Eligibility ,
Employer Liability Issues ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Recordkeeping Requirements
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
The City of Chicago recently enacted a new Paid Leave and Paid Sick and Safe Leave ordinance which goes into effect December 31, 2023. The update is notable because it goes well beyond the recently passed Illinois Paid Leave...more
In 2020, New York City amended its paid sick leave law, named the Earned Safe and Sick Time Act (“ESSTA”), to better align with New York State’s Paid Sick Leave law. Following these amendments, the Department of Consumer and...more