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2023 Amendments to General Obligations Law 5-336

On November 17, 2023, New York State Governor Kathy Hochul signed into law Senate Bill 4516, amending General Obligation Law Section 5-336 (GOL 5-336). As set forth in our earlier alert from when the law was first enacted,...more

EEOC Proposes New Enforcement Guidance on Harassment in the Workplace

On September 29, 2023, the Equal Employment Opportunity Commission (“EEOC”) published new proposed enforcement guidance ("the Proposed Guidance”) on harassment in the workplace. This is the first proposed EEOC guidance on...more

New York State Pay Transparency Law

New York Governor Kathy Hochul signed into law Senate Bill S9427A. The bill, now known as the New York State Pay Transparency Law, or Labor Law § 194-b, took effect on September 17, 2023. As we wrote about here, New York City...more

The National Labor Relations Board Tightens Restrictions on Workplace Conduct Policies

On August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Stericycle, Inc. and Teamsters Local 628 tightening the reins on employer workplace conduct policies. The decision rejects a...more

New York City Bans Employment Discrimination Based on Height and Weight

On May 26, 2023, Mayor Adams signed into law an amendment to the New York City Human Rights Law, banning discrimination on the basis of an individual’s height or weight. The law will become effective on November 22, 2023. ...more

Joining Other Government Regulators, NLRB GC Seeks to Curb Most Non-Compete Agreements

On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo took yet another step to ban restrictive covenants in the employment context. In a memo issued to all regional offices, she set forth...more

New York City Adopts Final Rule on Use of Artificial Intelligence in Employment Screening and Hiring Process

In November 2021, the New York City Council passed a bill requiring that artificial intelligence (“AI”) tools used by employers to make or assist in hiring decisions or internal promotions undergo bias audits to screen for...more

New York State Division of Human Rights Model Anti-Harassment Policy Updates

The New York Division of Human Rights (“DHR”) has recently updated its model anti-harassment policy and model training materials for New York employers. As a refresher, since 2018, all New York employers have been required...more

The Pregnant Workers Fairness Act Expands Federal Protections

In late 2022, Congress passed the Pregnant Workers Fairness Act (“PWFA”), which expands federal protections for pregnant employees and applicants by requiring covered employers to provide “reasonable accommodations” for an...more

The End to Mandatory Arbitration of Sexual Assault and Sexual Harassment Disputes

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021” (the “Act”). The Act amends the Federal Arbitration Act (the “FAA”) to give individuals asserting...more

EEOC Updates Workplace Guidance on COVID-19 Testing

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 workplace guidance. Most notably, the EEOC now requires that employers assess whether current pandemic circumstances and...more

New York City Wage Transparency Law Guidance Issued

On May 12, 2022, the New York City Commission on Human Rights (“NYCCHR”) released a fact sheet providing guidance on the amended NYC salary transparency law, which is currently set to take effect on November 1, 2022. As we...more

New York City Salary Law Amendment

On April 28, 2022, the New York City Council passed an amendment, Int. No. 134-A, to the New York City salary transparency law. The amendment was signed into law by Mayor Adams on May 12, 2022. The salary transparency law...more

New York Employers Now Required to Provide Notice of Electronic Monitoring

Senate Bill S2628 went into effect on May 7, 2022. The bill, which was signed into law by Governor Hochul on November 8, 2021, requires all private sector employers—regardless of size, number of employees, or entity type—to...more

New York City Salary Law Guidance and Proposed Amendment

On March 22, 2022, the New York City Commission on Human Rights (“NYCCHR”) released a fact sheet providing guidance on the NYC salary transparency law, which is currently set to take effect on May 15, 2022. As we wrote about...more

The Activation of Exposure Prevention Plans Under the NY HERO Act Has Ended

On May 5, 2021, New York enacted the New York Health and Essential Rights Act, or NY HERO Act (“the Act”), which is aimed at curbing the spread of airborne infectious diseases in the workplace. In September 2021, the New York...more

New York Labor Law Section 740: Amendments Expand Whistleblower Protections

On October 28, 2021, Governor Hochul signed Senate Bill S4394A, which significantly amended Section 740 of the New York Labor Law. The legislation expanded whistleblower protections under Section 740 for employees, former...more

New York City Salary Law

On December 15, 2021, the New York City Council passed a bill requiring NYC employers to include minimum and maximum salary information in job postings for any positions located within New York City. The bill became law on...more

Supreme Court Rejects OSHA Mandate

On January 13, 2022, the Supreme Court issued a highly anticipated decision blocking the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS), which required employers with 100 or more...more

End of Year Update

As 2021 comes to a close, we are taking a look back at some of the major developments in New York City and New York state employment law this past year, and a look ahead as to what’s to come in the New Year. We start our...more

Take 2: OSHA Vaccine or Testing Mandate Back in Effect

After being put on hold by court orders, the Occupational Safety and Health Administration (“OSHA”) emergency temporary standard (“ETS”) mandating vaccination or weekly testing of employees of businesses with 100 or more...more

New York City Issues Guidance on Vaccine Mandate for Private Employers

On December 6, 2021, Mayor Bill de Blasio announced a COVID-19 vaccine mandate for all private employers in New York City, which goes into effect on December 27, 2021. Yesterday, the City issued additional guidance related...more

Governor Hochul Issues Mask or Vaccine Mandate to New York Businesses

In a press release issued earlier today, Governor Kathy Hochul announced that effective Monday, December 13, 2021, all indoor businesses and venues in New York State must implement either a mask or vaccine mandate applicable...more

New York City Announces Vaccine Mandate for All Private Employers and Additional Expansions to Current Rules

Earlier today, Mayor Bill de Blasio announced a COVID-19 vaccine mandate for all private employers in New York City. The mandate—which is described as a “first-in-the-nation” policy and is expected to apply to about 184,000...more

New York City Health Commissioner Issues Omicron Variant Masking Advisory

In the midst of uncertainty surrounding the efficacy of COVID-19 vaccinations against the Omicron variant, the Commissioner of Health & Mental Hygiene of the City of New York has issued an advisory that masks should be worn...more

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