Photo of Salvatore G. Gangemi

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty, and other work-related common law claims. Sal also counsels clients on day-to-day issues involving workplace management and administration, including requests for reasonable accommodation for disabilities, for family and medical leave, and wage and hour issues.  He conducts employment law training on a variety of topics, including sexual harassment prevention and wage/ hour compliance.  He also drafts employment policies and agreements, and assists clients in auditing worker classification practices and policies both in the context of the Fair Labor Standards Act and state laws governing independent contractor determinations.

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision that returns to previous precedent, holding that employers may not offer employees severance agreements that require employees to broadly waive their rights under the National Labor Relations Act (“NLRA”).

Under the Board’s new rule issued in McLaren Macomb, 372 NLRB

Last month, the Equal Employment Opportunity Commission (EEOC) released its Draft Strategic Enforcement Plan for 2023- 2027 (SEP), and invited the public to submit comments by February 9, 2023.

The EEOC continues to emphasize the elimination of barriers in recruitment and hiring, and seeks to prioritize its consideration of policies and practices that incorporate artificial

On January 1, 2023, Connecticut Public Act No. 21-32[1] the “Clean Slate” law expanded protections for applicants and employees with criminal records. Employers are prohibited from requesting information about, making hiring decisions based on, or discriminating or discharging employees based on criminal records that have been erased.

The new law allows for erasure of

On December 9, 2022, Governor Hochul signed legislation expanding New York’s required accommodations for breastfeeding in the workplace. The new law takes effect 180 days after signing, on June 7, 2023.

New York employers were already required to provide employees with reasonable break times and to make reasonable efforts to provide a space for

Are you confused about the lawsuit filed on November 3, 2022 against Twitter claiming that its recent and impending layoffs violate the federal Worker Adjustment and Retraining Notification Act (the “WARN Act”) and state laws? Here’s what you need to know about the WARN Act and the Twitter lawsuit.

The WARN Act requires employers to

NYC Pay Transparency Law became effective on November 1, 2022.

What does this mean for employers?

If you have four or more employees (including independent contractors) you are required to post minimum and maximum salary ranges for available positions for the benefit of current and prospective employees.

Failure to comply can result in significant civil

The New York City Council recently enacted an ordinance banning artificial intelligence (“AI”) in employment decisions unless the technology has been subject to an independent bias audit within a year of use.

Many employers have been using AI in employment decisions for years without regulation. This technology can range from algorithms finding ideal candidates to software used to asses a candidate’s performance during screening interviews. While AI tools promote efficiency, reduce costs, and can help employers make informed decisions, technology can run afoul of discrimination laws by reinforcing bias or screening out candidates of protected classes.
Continue Reading New York City Council Passes Law Regulating Use of Artificial Intelligence in Employment Decisions

In March 2022, Governor Kathy Hochul signed legislation amending the New York State Human Rights Law to establish a sexual harassment hotline directly to the New York State Division of Human Rights (NYSDHR). The hotline (800-HARASS-3), which is now active, is intended to be staffed by pro bono lawyers experienced in counseling individuals on sexual harassment. Contact with the hotline does not constitute the filing of a harassment complaint, and individuals intending to file a complaint with the NYSDHR would still be required to follow existing procedures for doing so.
Continue Reading New York Workplace Sexual Harassment Hotline Now Operational

Earlier this month, the New York State Senate passed a pay transparency bill similar to a New York City law passed last November. We wrote about the New York City law here and here. Senate Bill S9427A would apply to employers with four or more employers, but not to temporary employment firms. Like the New York City law, the bill would require employers to provide a “range of compensation” for positions that can or will be performed in New York State. The bill defines “range of compensation” to mean “the minimum and maximum salary or hourly range of compensation for a job, promotion, or transfer. . . that the employer in good faith believes to be accurate at the time of the positing.” The bill also imposes recordkeeping requirements, and civil penalties for violations.
Continue Reading New York State Senate Passes Bill Requiring Disclosure of Compensation Ranges for Jobs to Employees and Applicants

On January 15, 2022, New York City Council adopted a local law requiring covered employers with four or more employees to include salary ranges for open job positions beginning on May 15, 2022. For more information on the Local Law, see our original blog post here. On April 28, 2022, the City Council adopted an amendment to the Local Law, moving the effective date to November 1, 2022.
Continue Reading New York City Council Amends Wage Transparency Law