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 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 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
On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more
Illinois will become the third state (including Nevada and Maine) to mandate employers to provide employees with paid time off for any reason. The new law, which we summarize below, will become effective in 2024.
The Law...more
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
New York’s off duty conduct law will now explicitly apply to an employee’s off-duty use of cannabis. The change in law came as a result of the recent passage of “The Marijuana Regulation and Taxation Act,” which generally...more
This week, New York State issued guidance and an FAQ document regarding the State’s new paid sick leave law (“NYPSL”). As a reminder, New York State enacted statewide paid sick leave requirements for employers under Section...more
As management and human resources professionals are well aware, COVID-19 has drastically and rapidly impacted the workplace. Among other things, employees require more flexibility, employers are increasingly reliant upon...more
The arrival of the holiday season means that 2020 is just around the corner. In anticipation of the new year, employers should take time to review upcoming changes to the requirements of the New York Paid Family Leave Law...more
11/11/2019
/ Employee Benefits ,
Employee Contributions ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Guidance ,
NYDFS ,
NYDOL ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws ,
Wage and Hour
Just before the end of its session, the New York Legislature expanded protections against discrimination and harassment under the New York State Human Rights Law (NYSHRL). The Governor still has to sign the new bill into law,...more
6/28/2019
/ Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Human Rights ,
NYCHRL ,
Sexual Harassment ,
State and Local Government ,
Title VII
It’s that time of year! New York State minimum wage rate and overtime exemption salary thresholds are set to increase. The changes go into effect on December 31, 2018 and are summarized below. We also take a moment to focus...more
The wait is over. The New York State Department of Labor (DOL) just released its final guidance with respect to New York State’s new anti-sexual harassment law. The release includes final templates for the model sexual...more
10/3/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
NYDOL ,
Policies and Procedures ,
Sexual Harassment ,
State Labor Laws ,
Zero Tolerance Policies
The New York State Department of Labor (DOL), in consultation with the New York State Division of Human Rights (DHR), has released drafts of its model sexual harassment prevention policy, complaint form, and harassment...more
8/28/2018
/ Anti-Harassment Policies ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
NYDOL ,
Policies and Procedures ,
Public Comment ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
In the wake of the #MeToo movement and the nationwide discourse over the prevalence of sexual harassment in the workplace, New York State and New York City have taken aggressive steps to implement stronger protections against...more
5/1/2018
/ #MeToo ,
Anti-Harassment Policies ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender-Based Pay Discrimination ,
Harassment ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
New Hires ,
New Legislation ,
Policies and Procedures ,
Sexual Harassment ,
State Labor Laws
This time of year usually marks the sports netherworld between the Super Bowl and the NCAA Men’s Division I Basketball Tournament, which is better known as March Madness. This lull provides employers with an excellent...more
Beginning April 1, 2016, new California regulations (§11023 specifically) will require all California employers with more than five employees to have written policies regarding harassment, discrimination, and retaliation. ...more
The New York City Human Rights Law specifically says that an employer’s agent can be held liable for discrimination, but its liability provision doesn’t address the circumstances under which that agent may be held liable for...more
It’s 2:30 in the afternoon. Trying to fight off midday malaise, you head for the break room. As you walk down the hall, you grow uncomfortable when you notice the stares of your co-workers. Your friend Colleen grabs you...more