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
Under the Act, beginning in early 2022, employees will be eligible to receive partial pay benefits during leave taken under the existing Connecticut Family and Medical Leave Act (“CFMLA”). Covered reasons for leave under the...more
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
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
After 16 years of debate and discussion, the New York State Legislature recently passed the Gender Expression Non-Discrimination Act (“GENDA”), which would amend the New York State Human Rights Law to expressly prohibit...more
1/18/2019
/ Back Pay ,
Compensatory Damages ,
Gender Expression ,
Gender Identity ,
Hate Crimes ,
Non-Discrimination Rules ,
NYHRL ,
Proposed Legislation ,
State Labor Laws ,
State Legislatures ,
Transgender
States across the country have passed new laws addressing sexual harassment, paid family leave, and other labor and employment law issues. As many of these laws will soon become effective, employers should be prepared for the...more
1/16/2019
/ Anti-Harassment Policies ,
Breastfeeding ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Human Rights ,
Local Ordinance ,
Medical Leave ,
Paid Family Leave Law ,
Salary/Wage History ,
Sexual Harassment ,
Sick Leave ,
State Labor Laws
As we approach the New Year, it is important to keep in mind several updates to the New York Paid Family Leave Law (“NYPFLL”) that will become effective January 1, 2019. As we have previously reported, the NYPFLL provides a...more
As we previously reported, in February 2018, the city of Austin, Texas passed a paid sick and safe leave ordinance (the “Ordinance”) that would have required companies to provide paid sick and safe leave to their employees....more
11/26/2018
/ Appeals ,
Constitutional Challenges ,
Earned Sick Time ,
Fair Labor Standards Act (FLSA) ,
Injunctive Relief ,
Local Ordinance ,
Minimum Wage ,
Paid Leave ,
Preemption ,
Safe Leave ,
Sick Leave ,
Sick Pay ,
State Labor Laws ,
Wage and Hour
As we have previously reported, New York State has recently enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt...more
New York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes...more
10/16/2018
/ Americans with Disabilities Act (ADA) ,
Cooperative Dialogue ,
Disability Discrimination ,
Domestic Violence ,
Employer Liability Issues ,
Employment Discrimination ,
Interactive Process ,
New Rules ,
NYCHRL ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
State Labor Laws ,
Undue Hardship
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment. The law will require employers to distribute policies...more
10/8/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Complaint Procedures ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Notice Requirements ,
Risk Management ,
Risk Mitigation ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
As we have previously reported, New York State has enacted several significant measures regarding sexual harassment in the workplace.
Effective October 9, 2018, all New York State employers are required to adopt written...more
As we have previously reported, pursuant to provisions of the state budget signed into law this past April, effective October 9, 2018, all New York State employers will be required to adopt written sexual harassment...more
8/24/2018
/ Anti-Harassment Policies ,
Comment Period ,
Complaint Procedures ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Public Comment ,
Required Forms ,
Sexual Harassment ,
State Labor Laws
San Antonio, Texas has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of family members, and for other covered reasons. The new Ordinance is...more
8/23/2018
/ Documentation ,
Earned Sick Time ,
Local Ordinance ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Preliminary Injunctions ,
Recordkeeping Requirements ,
Sick Leave ,
Sick Pay ,
State Bans ,
State Labor Laws
Duluth, Minnesota has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Ordinance will take effect...more
6/1/2018
/ Accrual Method ,
Employment Policies ,
Local Ordinance ,
Medical Leave ,
Notice Requirements ,
Paid Family Leave Law ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Sick Leave ,
State Labor Laws
New Jersey Governor Phil Murphy (D) has signed into law the New Jersey Paid Sick Leave Act (the “Act”), which will provide eligible employees with paid leave for their own medical needs, those of a family member, or other...more
5/15/2018
/ Accrual Method ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Notice Requirements ,
Paid Family Leave Law ,
Paid Leave ,
Paid Sick Leave Act ,
Preemption ,
Recordkeeping Requirements ,
Remedies ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On May 9, 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”), which, as we previously reported, is a package of bills aimed at addressing and preventing sexual...more
5/14/2018
/ Anti-Harassment Policies ,
Employee Training ,
Gender Discrimination ,
Hiring & Firing ,
Local Ordinance ,
Mayor de Blasio ,
NYHRL ,
Posting Requirements ,
Sexual Abuse ,
Sexual Harassment ,
State Contractors ,
State Labor Laws ,
Statute of Limitations
As anticipated, New Jersey Governor Phil Murphy has signed into law the Diane B. Allen Pay Equity Act (the “Act”). The Act will take effect on July 1, 2018, giving employers approximately two months to review their policies...more
The New York City Council has passed the Stop Sexual Harassment in NYC Act (the “Act”), a package of bills aimed at addressing and preventing sexual harassment in the workplace. The legislation is now awaiting the signature...more
4/18/2018
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
City Councils ,
Employee Training ,
Gender-Based Violence ,
Local Ordinance ,
Mayor de Blasio ,
NYDOL ,
NYHRL ,
Proposed Legislation ,
Sexual Harassment ,
State Contractors ,
State Labor Laws
The New Jersey state legislature has passed a new pay equity law which will, among other things, make it an unlawful employment practice to pay employees of any protected class under the New Jersey Law Against Discrimination...more
4/18/2018
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Gender-Based Pay Discrimination ,
National Origin Discrimination ,
New Legislation ,
Pay Equity Laws ,
Race Discrimination ,
Reporting Requirements ,
Sexual Orientation Discrimination ,
State Contractors ,
State Labor Laws ,
State Legislatures ,
Statute of Limitations ,
Wage and Hour
The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to explicitly require that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a...more
1/23/2018
/ Amended Rules ,
Americans with Disabilities Act (ADA) ,
Cooperative Dialogue ,
Disability Discrimination ,
Domestic Violence ,
Employment Discrimination ,
Human Rights ,
Interactive Process ,
NYHRL ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
State Labor Laws
Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are...more