The EEOC Issues Guidance on the ADA and the Use of Artificial Intelligence in Making Employment Decisions
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On May 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing how employers use of artificial intelligence (“AI”), algorithms, and software in hiring and employment practices may be at risk for violating the Americans with Disabilities Act (“ADA”). The document also provides practical tips to employers on how to comply with […]
New York Employers Must Comply with Electronic Monitoring Requirements by May 7, 2022
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Effective May 7, 2022, New York employers will be required to provide prior notice concerning the monitoring of employee telephone, email, or internet usage. Specifically, employers must notify employees that “any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system […]
New York City Pay Transparency Law – Effective November 1, 2022
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New York City passed the Pay Transparency Law, which requires employers hiring in New York City to disclose the minimum and maximum annual base salary or hourly wage for a job, promotion or transfer opportunity in any advertisement for the position beginning November 1, 2022. Specifically, the new law makes it “an unlawful discriminatory practice” […]
Proposed Changes to the Form I-9
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The Form I-9, which is used to record employment eligibility verification, as required by the federal government, is going to undergo major changes by the time the current form expires on October 31, 2022. The Department of Homeland Security (“DHS”) has proposed the modifications, in an attempt to simplify and clarify things for employers. The […]
Form I-9 Remote Review Ends on April 30, 2022
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The United States Immigration and Customs Enforcement’s temporary policy allowing employers to inspect Form I-9 documents virtually will end on April 30, 2022. The policy was first issued in March 2020 due to the COVID-19 pandemic and it has been extended 12 times. Starting May 1, 2022, the eligibility documents must be reviewed in person. […]
New York State Amends Workplace Anti-Discrimination and Anti-Harassment Laws
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On March 16, 2022, New York Governor Kathy Hochul signed into law three amendments to the State’s workplace anti-discrimination and anti-harassment laws, expanding harassment and discrimination protections under the New York State Human Rights Law (“NYSHRL”). Retaliation for Releasing Personnel Files Effective immediately, the NYSHRL’s definition of retaliation was amended to include “disclosing an employee’s […]
New York City Salary Disclosure Law
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Beginning May 15, 2022, employers that have four or more workers advertising jobs in New York City must include a good faith salary range for every job, promotion, and transfer opportunity advertised. The New York City Commission on Human Rights (“NYCCHR”) has issued a fact sheet answering some open questions regarding application of this new […]
New York Hero Act Amendment
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On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended. Private sector employers are no longer required to implement their workforce safety plans.” Employers, however, are still required to have a HERO Act safety plan, provide […]
New York State Human Rights Laws Amendment
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On March 16, 2022, an amendment to the New York State Human Rights Laws modifies the definition of “unlawful retaliation” to include “disclosing an employee’s personnel files because he or she has opposed any practices forbidden under [the NYSHRL] or because he or she has filed a complaint, testified, or assisted in any proceeding.” The […]
New York City Lifts COVID-19 Mask and Vaccine Mandate
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On March 7, 2022, New York City lifted several pandemic related restrictions. Indoor venues, including restaurants, fitness facilities, and entertainment spaces will no longer be required to check for proof of vaccination before customers enter or require people to wear masks. Businesses previously covered by Key to NYC rules will still have the flexibility to require […]
The End Mandatory Arbitration of Sexual Harassment and Assault Claims in the Workplace Act
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On March 3, 2022, President Biden signed The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The law took effect immediately. The law allows employees who previously entered into agreements requiring all employment disputes to be arbitrated, would be entitled to elect to litigate sexual assault and sexual harassment claims in […]
CDC Releases New Mask Guidance and New York State Lifts Mask Mandate in Schools
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The CDC released new guidance suggesting that 70 percent of Americans can now stop wearing masks, and no longer need to social distance or avoid crowded indoor spaces. The recommendations no longer rely only on the number of cases in a community to determine the need for restrictions such as mask wearing. Instead, they direct […]