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With the 2025 New York legislative session now completed, several bills that passed both the Senate and Assembly may be headed to the Governor for signature, but two significant bills that passed the Senate did not pass the...more
On June 9, 2025, the New York State Senate passed Senate Bill S4641A (the “Bill”). The Bill, if signed into law, would prohibit most non-compete agreements (“non-competes”) throughout the state, except for those with highly...more
On May 9, 2025, Governor Kathy Hochul signed into law significant amendments to the New York labor law, providing relief to employers in connection with frequency-of-pay violations. Previously, New York employers who failed...more
In a major shift, New York employers will now be subject to significantly reduced damages in "frequency-of-pay" lawsuits due to recent amendments to Section 198(1-a) of the New York Labor Law ("NYLL")....more
The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more
It is common practice across the country for employees to be paid every other week or twice per month, because that imposes much less time and manpower on an employer than running payroll weekly. But such a practice can...more
Following the Federal Trade Commission’s proposed non-compete ban being overturned last year, certain state legislatures remain focused on limiting restrictions on employees. Recently, New Jersey and New York lawmakers each...more
The New York Legislature is set to make another attempt to ban non-competes for all but highly compensated individuals. At the end of the 2023 legislative session, the New York Legislature passed a bill that would have banned...more
Under the recent amendment to the New York Retail Worker Safety Act (RWSA), retail employers have until June 2, 2025, to implement workplace violence prevention programs. Along with modifying the effective date, the amendment...more
On February 4, 2025, the New York State Legislature passed an anticipated amendment to the New York Retail Worker Safety Act. Governor Kathy Hochul is expected to sign the amendment into law in the coming days....more
On December 21, 2024, New York Governor Kathy Hochul signed the Fashion Workers Act (the "Act") into law, which provides greater protections for fashion workers and will take effect on June 19, 2025. The Act also imposes...more
On December 21, 2024, New York Governor Kathy Hochul signed the State’s new Worker Injury Reduction Program into law, which requires covered employers to establish a program to identify and minimize the risks of...more
Effective January 1, 2025, all private sector employers in New York State are required to provide paid prenatal leave for employees to attend prenatal appointments or obtain health care services during or related to their...more
With the passage of the New York State Fashion Workers Act, New York is set to regulate the working conditions of fashion industry professionals and the conduct of employers in the fashion, entertainment, and retail...more
The most wonderful time of the year often portends many legal hiccups for the unassuming business. And this year is no different. As the holiday season approaches and we turn the calendar to 2025, New York employers should...more
Beginning on January 1, 2025, all New York employers will be required to provide eligible employees with 20 hours of paid prenatal leave (“Paid Prenatal Leave”) during any 52-week period for health care services during or...more
In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more
2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more
Hoping to “raise the bar” for the rest of the nation, Governor Hochul announced a first of its kind proposal that would allow qualifying workers in New York up to 40 hours of paid leave to attend prenatal appointments. While...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
This is a reminder that the New York State Minimum Wage Increase has gone into effect. Governor Hochul signed Senate Bill S4006C into law on May 3, 2023, increasing New York’s minimum wage in annual increments beginning...more
On September 15, 2023, New York Governor Kathy Hochul signed into law Senate Bill 5640, which adds Section 203-f to the New York Labor Law. Section 203-f creates statutory limitations on an employer's use of invention...more
With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some...more
On November 22, 2023, New York City’s law banning discrimination in employment, housing, and public accommodations on the basis of an individual’s height and/or weight went into effect. The law, signed on May 26, 2023 by...more
Effective November 22, 2023, New York City has added height and weight to the list of characteristics protected against discrimination in employment, public accommodations, and housing (and other real estate). New York City...more