Key Takeaways -
-The Department of Labor recently clarified a critical distinction between an employee and an independent contractor.
-The courts will no longer use the Trump-era rule that focused on two core factors:...more
New York Codifies Employer Requirement to Notify Employees of Unemployment Benefit Rights -
Gov. Hochul signed S4878A/A298. The law amends New York Labor Law Section 590 by adding a section that requires employers...more
1/3/2024
/ Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Labor Code ,
New Legislation ,
New York ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
Key Takeaways -
New York codifies employee intellectual property rights New York prohibits liquidated damages provisions in certain non-disclosure agreements New York prohibits employers from requesting access to...more
1/2/2024
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Compliance ,
Intellectual Property Protection ,
Liquidated Damages ,
New York ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Personal Information ,
State Labor Laws
Gov. Hochul signed S5572/A6796, which increases the threshold for applicability of wage-payment protections under Article 6 of the New York Labor law for certain persons employed in a bona fide executive, administrative, or...more
New York remains one of the busiest states from a business perspective, with ever-changing employment laws that affect businesses. This is the first part of a four-part series providing recent New York employment law updates....more
12/29/2023
/ Compliance ,
Criminal Background Checks ,
Fair Credit Reporting Act (FCRA) ,
Freelance Isn't Free Act (FIFA) ,
Governor Vetoes ,
Highly Compensated Employees ,
Independent Contractors ,
New York ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
Key Takeaways -
Employers who have employees working overnight shifts when daylight saving time ends and standard time begins must pay these employees an additional hour. Employers also should review the total hours these...more
The EEOC’s proposed guidance -
- If passed, represents the first update to harassment enforcement in nearly 25 years.
- Attempts to modernize previously issued guidance by addressing emerging workplace issues and...more
10/10/2023
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Employment Policies ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
Proposed Guidance ,
Regulatory Standards ,
Sexual Harassment ,
Sexual Orientation ,
Workplace Harassment Guidance ,
Workplace Safety
In August 2021, New York’s Department of Health adopted an emergency rule 10 N.Y.C.R.R. § 2.61 (the Rule) directing hospitals, nursing homes, hospices, adult care facilities, and other identified healthcare entities to...more
Key Takeaways -
On September 13, 2023, the NY DOL released proposed pay transparency regulations. The proposed regulations seek to clarify the new requirement that employers post the range of compensation in job...more
Key Takeaways -
New York State Penal Law amendments strengthen penalties for employers guilty of wage theft. New York State prohibits employer mandatory meetings on political and religious matters....more
9/12/2023
/ Anti-Discrimination Policies ,
Civil Rights Act ,
General Meetings ,
Human Rights ,
Internships ,
New Legislation ,
New York ,
NLRA ,
Penalties ,
Political Speech ,
Religious Beliefs ,
Title VII ,
Wage Theft
Key Takeaways -
New York State Human Rights Law source-of-income anti-discrimination statute held as unconstitutional. People v. Commons W., LLC underscores the challenging balance between promoting equitable housing...more
Key Takeaways -
General workplace rules are considered “presumptively unlawful” under the new NLRB standard if they could be interpreted to limit employee rights. Employers must now rebut the presumption of unlawfulness...more
Key Takeaways -
In Groff v. DeJoy, the U.S. Supreme Court renders new standard for employers assessing religious accommodations
Employers should review their accommodation policies and practices in light of Groff...more
Key Takeaways -
The PWFA creates a new avenue for pregnant employees to request reasonable accommodations not previously provided under the ADA, PDA or FMLA....more
Key takeaways -
Changes made to model sexual harassment policies and training materials -
Employers must continue to train employees upon hire and annually thereafter...more
Takeaways -
New York State has amended the Pay Transparency Law, which becomes effective September 17, 2023
The amendments modify the scope of jobs covered by the law, eliminate the law’s recordkeeping requirements,...more
Employers are taking note as wage transparency laws proliferate in jurisdictions across the U.S., compelling businesses to disclose once-private pay information. Join Goldberg Segalla’s Scott Green for tips on how to comply...more
Key Takeaways -
Employers should submit public comments on the broad scope and vagueness of the proposed rule as the FTC is accepting comments through March 6, 2023.
Begin to consider eliminating non-compete clauses...more
Key Takeaways -
Illinois employers must now comply with the Family Bereavement Leave Act, which expands unpaid leave rights for employees due to the loss of a pregnancy, a child, or another covered family member. ...more
Takeaways -
Citizenship and immigration status are now covered by the New York Human Rights Law.
Penalties have been increased for violations of mandatory overtime for nurses. A tight deadline has been created for...more
Key Takeaways -
Gov. Hochul vetoed the Freelance Isn’t Free Act.
Gov. Hochul vetoed the State Contractor Equal Pay Disclosure bill.
New Versions of both bills may be reintroduced in next year’s legislative...more
Key Takeaways -
New York expands employee lactation accommodation rights -
Employers must develop and implement a written policy regarding employee rights -
The law goes into effect June 7, 2023...more
Key Takeaways -
New York enacts WWPA to protect warehouse workers against unreasonable quotas
Covered employers must maintain records relating to quotas and work speed data
Covered employers that impose quota or work...more
Key Takeaways -
New York enacts statewide pay transparency law.
The law goes into effect on September 18, 2023.
Employers with four or more employees are impacted....more
Key Takeaways -
New York expands employee-rights poster requirements to be made available on an employer’s website, or by email to employees, in addition to the current requirement to place physical posters in a conspicuous...more