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Sixth Circuit Departs from EEOC and Other Circuits on Employer Liability Standard for Third-Party Harassment

On August 8, 2025, a Sixth Circuit panel in Bivens v. Zep, Inc. held that an employer can only be found liable under Title VII for harassment by a third party if the employer intended for the harassment to occur. This...more

New York State COVID-19 Sick Time Requirement to Sunset on July 31, 2025

New York State employers are reminded that, beginning July 31, 2025, they will no longer be required to provide COVID-specific sick time to employees. Since March 2020, New York employers have been required to provide...more

Rhode Island Adds New Protections for Menopause and Mandatory Wage Payment Notice to New Hires

With menopause health benefits emerging as a tool in the war for talent, Rhode Island has recently taken steps to provide express protections related to an employee’s menopause and related conditions.   In addition, the state...more

E-Verify Users Must Now Generate Status Change Reports to Identify Terminated Work Authorizations

Employers enrolled in E-Verify must now generate Status Change Reports to identify employees whose work permits have been terminated due to changes in temporary status protections or similar programs....more

Amended NYC Earned Safe and Sick Time Act Rules Issued to Address Paid Prenatal Leave

To align with the new statewide paid prenatal leave law, the NYC Department of Consumer and Worker Protection has amended its rules related to the NYC Earned Safe and Sick Time Act (“ESSTA”) to address the paid prenatal leave...more

Minneapolis Expands Workplace Civil Rights Protections and Reasonable Accommodation Obligations

On May 1, 2025, Minneapolis, Minnesota’s city council passed several amendments to its civil rights ordinance (the “Ordinance”), which prohibits discriminatory practices in employment, among other areas. With regard to...more

Approved New York State Budget Bolsters Child Labor Protections

On May 9, 2025, Governor Kathy Hochul signed into law numerous provisions under the FY26 New York State Budget that, among other things, increase the civil penalties for employers that violate state child labor laws and...more

Labor Law Amendments Limit Damages for Violation of New York’s Weekly Pay Law

As we’ve blogged on previously, there’s a split in the New York intermediate-level appellate courts as to whether a private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the...more

NYC Employers Reminded to Post Lactation Accommodation Policy

New York City employers are reminded that they are now required to physically and electronically post a copy of their written lactation accommodation policy...more

Trump Administration Issues Executive Order Aimed at Eliminating Disparate Impact Liability Under Anti-Discrimination Laws

On April 23, 2025, the White House issued an Executive Order (“EO”) entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate the use of disparate-impact liability in all contexts to the maximum...more

President Trump Issues Executive Order Aimed at Eliminating Disparate Impact Liability Under Anti-Discrimination Laws

On April 23, 2025, the White House issued an Executive Order (“EO”) entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate the use of disparate-impact liability in all contexts to the maximum...more

Second Circuit Clarifies ADA Standard on Reasonable Accommodations

Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act...more

DEI in the Spotlight:  Wage and Hour Implications

With the nation’s heightened focus on DEI programs and policies, U.S. employers should carefully evaluate the legal risks associated with their DEI-related wage and hour practices....more

EEOC Announces Enforcement Focus on “Illegal Preferences Against American Workers”

On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas announced the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing...more

EEOC, Like NLRB, Lacks Quorum, Stalling Rulemaking Under New Administration

On Monday, January 27, 2025, President Trump removed Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) commissioners Charlotte A. Burrows and Jocelyn Samuels, the two confirmed in separate statements. ...more

President Trump’s Executive Order on Recognizing Two Sexes: Implications for Private Employers

On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”).  The Order...more

President Trump Issues Sweeping Executive Orders Aimed at DEI

In his inaugural address on Monday, January 20, 2025, President Trump declared, “We will forge a society that is colorblind and merit-based.” In the days that followed, President Trump has proceeded to issue a series of...more

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Second Circuit Reinstates New York Reproductive Health Notice of Rights Requirement for Employee Handbooks

In a January 2, 2025 decision in CompassCare et al. v. Hochul, a Second Circuit panel vacated a permanent injunction issued in April 2022 that halted the requirement that New York State employers include a notice in their...more

New York City Amends Lactation Room Accommodation Policy Requirements

Effective May 11, 2025, New York City employers will be required to physically and electronically post a copy of their written lactation room accommodation policy. Recently enacted Local Law 109 amends existing language...more

New York Releases Guidance on Paid Prenatal Leave Law Taking Effect January 1, 2025

The New York State Department of Labor (NYDOL) has issued informal guidance regarding the Paid Prenatal Leave benefit that will be available to New York employees beginning January 1, 2025.  The guidance includes general...more

New York Paid Family Leave Law: Are You Ready for 2025?

As we approach the new year, employers should keep in mind that several updates to the New York Paid Family Leave Law (“NYPFLL”) are scheduled to take effect on January 1, 2025....more

New York Clean Slate Act Takes Effect on November 16, 2024, With New Obligations for Employers Running Criminal Background Checks

On November 16, 2024, the New York Clean Slate Act (the “Act”) will take effect.  The Act provides for the automatic sealing of certain criminal convictions after a specified time period.  It will also require greater...more

It’s Election Time: Time Off to Vote, Political Activities, and Political Speech in the Workplace

With Election Day quickly approaching, it is the right time for employers to refresh themselves on the various protections that may exist for their employees when it comes to voting and other political activities. Below is...more

NLRB GC Abruzzo Issues Memo Calling for Harsher Remedies for Noncompetes and Stay or Pay Provisions That Violate the NLRA

On October 7, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released MEMORANDUM GC 25-01, titled “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay”...more

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