On June 20, the New York State Assembly passed Bill A1278B which, together with New York State Senate’s passage of identical legislation, Bill 3100A[2] earlier this month, would render all non-compete agreements signed or modified after the effective date unlawful. All that stands in the way of these bills becoming law is Governor Kathy Hochul’s signature.
Continue Reading New York Set to Ban Non-Compete Clauses in Employment
The National Labor Relations Board’s General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 which provides additional guidance on the recent NLRB decision in McLaren Macomb regarding confidentiality and nondisparagement clauses
Continue Reading NLRB General Counsel Issues Guidance on Recent Decision Regarding Confidentiality and Non-Disparagement Clauses
New York State’s Pay Transparency Law is set to take effect on September 17, 2023. The law was amended on March 3, 2023, well in advance of its effective date, to clarify, limit and expand various employer obligations. New York joins New York City, California, Rhode Island and Washington, D.C. in passing pay transparency legislation
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
On October 28, 2021, New York Governor, Kathy Hochul, signed legislation protecting employees who report illegal or dangerous business activities from retaliation by their employers.
Continue Reading New York Significantly Expands Protections For Employees Under Whistleblower Laws
On May 14, 2021, the U.S. House of Representatives passed the Pregnant Workers Fairness Act (“PWFA”) in a 315-101 vote, moving the bill to the Senate for consideration. If passed, private sector employers with 15 or more employees and public sector employers will be required to make reasonable accommodations for pregnant workers (i.e., employees and job applicants with known limitations related to pregnancy, childbirth, or related medical conditions). However, employers are not required to make an accommodation if it imposes an undue hardship on the employer’s business.
Continue Reading Federal Pregnant Workers Fairness Act Gains Steam, Passing House of Representatives – What Do CT, MA and NY Employers Need to Know?
On March 12, 2021, Governor Andrew Cuomo signed into law an act requiring all New York employers, regardless of size or industry, to provide employees with paid COVID-19 vaccination leave of up to four hours per injection, effective immediately.
Continue Reading New York Requires Paid Time-Off for COVID-19 Vaccinations
Governor Cuomo’s most recent executive order requires employees “present in the workplace” to wear “face coverings” when in “direct contact with customers or members of the public.” The order further requires that employers pay for and provide such face coverings. The order is effective Wednesday night, April 15, 2020 at 8:00pm.
Continue Reading Cuomo Orders Employers to Provide “Face Coverings” for External-facing Employees
On April 3, 2020, Governor Cuomo signed the 2021 New York State budget, which included paid sick leave for employees in New York State. Yes – paid sick leave that can be taken for normal, non-pandemic illnesses, among other reasons.
While society remains upended by COVID-19, Governor Cuomo stated, “we have to be able to walk and chew gum. We have to move forward at the same time and that’s why passing the budget and these pieces of legislation were important.” State-wide sick leave – which surely would have received more attention but for immediate COVID-19 related concerns – requires New York employers to review their paid time off and sick leave policies.Continue Reading Permanent Paid Sick Leave Coming to New York State in 2021