Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in...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
In re Grand Jury, a case closely watched by lawyers and in-house counsel, had the potential to fundamentally alter the scope of the attorney client privilege, which protects from disclosure to third parties certain...more
Should employers subsidize travel costs as hybrid work arrangements calcify nationwide? According to this article in The Wall Street Journal entitled, “High Gas Prices Spur Companies to Give Workers Cash for Commuting Costs,”...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
Hybrid work is part of the new normal. But what does hybrid work really entail? And what factors should employers consider as they enter this new frontier?...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
The National Labor Relations Board (“NLRB”) has issued a notice of proposed rulemaking, which would significantly alter the standard to determine who is a “joint employer” under the National Labor Relations Act (“NLRA”). The...more
July was a busy month for the National Labor Relations Board (“NLRB”). In the span of a week, the NLRB signed Memoranda of Understanding (“MOU”) with both the Federal Trade Commission and the U.S. Department of Justice’s...more
8/15/2022
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Memorandum of Understanding ,
Mergers ,
NLRB
As employers continue to introduce a variety of software, algorithmic and artificial intelligence (“AI”) based tools into the workplace to assist and support employment-based decisions, there is an increasing concern that...more
6/10/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Employee Training ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Software
On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended. The New York State Department of Labor (“NYSDOL”) declined...more
UPDATE: The U.S. Supreme Court held a special hearing on January 7, 2022, and is expected to rule soon on whether OSHA may proceed with its Emergency Temporary Standard for large employers. The Court is also considering...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
The New York State Department of Labor has issued proposed regulations interpreting and further defining the contours of the HERO Act’s joint labor-management workplace safety committees. We summarize the proposed...more
Mayor-elect Eric Adams has announced that he plans to keep New York City’s vaccine mandate in place once he takes office. Mayor-elect Adams, who is set to be sworn in as the City’s 110th mayor shortly after midnight on...more
The updated guidance now states that NYC employers must comply with its vaccine order regardless of whether the OSHA vaccine order becomes effective.
The guidance originally stated that “[c]overed entities or...more
As expected, the U.S. Supreme Court will rule on whether OSHA may proceed with its Vaccine Order for large employers. The Court will hold a special hearing on January 7, 2022. Briefings are due by December 30, 2021. The...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
Effective May 7, 2022, all New York employers will be required to provide notice to employees of any employer monitoring of work phones, emails, or Internet use. This new law amends the New York Civil Rights Law (a law...more
Mayor Bill de Blasio has announced a COVID-19 vaccine mandate that will apply to all private employers in New York City. The Mayor announced the mandate as a “first in the nation measure,” and a “preemptive strike” in...more
UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the...more
11/30/2021
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement ,
Health and Safety ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
New York has greatly expanded its “whistleblower” law. The amendments to New York Labor Law §740 go into effect on January 26, 2022 and undoubtedly enhance employee protections and require New York employers to take certain...more
The Federal Occupational Health and Safety Administration (OSHA) has released its long-awaited Emergency Temporary Standard (ETS) pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The New York State Department of Labor (NYSDOL) has published guidance regarding employee cannabis use. We previously reported on the amendments to New York’s off-duty conduct law—New York Labor Law Section 201-D—which now...more
11/4/2021
/ Cannabis Products ,
Drug Testing ,
Employee Training ,
Employment Policies ,
New Guidance ,
NYDOL ,
Proprietary Information ,
Recreational Use ,
State Labor Laws ,
Trade Secrets ,
Workplace Safety