EEOC Issues Updated Guidance on Workplace Harassment
On April 29, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance on workplace harassment to address recent legal developments and emerging issues in the workplace. The EEOC’s new guidance covers the three components of a harassment claim: (1) the covered bases and causation; (2) discrimination respecting a term, condition, or privilege of employment; […]
NYC Prohibits Provisions in Employment Agreements that Shorten the Time Employees Can Bring Discrimination Claims
Effective May 11, 2024, the New York City Human Rights Law (“NYCHRL”) was amended to prohibit any term of an employment agreement that shortens the time for employees to file a claim of unlawful discriminatory practices, harassment, or violence under the NYCHRL. Employees have one year to file a complaint with the New York City […]
New York State 2025 Budget Provides End Date for COVID-19 Paid Sick Leave and Amends Labor Law to Require New Paid Prenatal Personal Leave
On April 20, 2024, Governor Kathy Hochul signed the Fiscal Year 2025 New York State Budget (the “2025 NYS Budget”), implementing two significant changes to New York leave laws. Importantly, the 2025 NYS Budget establishes that New York State COVID-19 paid sick leave will come to an end as of July 31, 2025 (this is delayed […]
FTC Issues Final Rule that Bans Most Non-Compete Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule approving its proposal to ban non-compete agreements for all workers including independent contractors, externs, interns, volunteers, apprentices, and sole proprietors who provide a service to a person. Specifically, the rule states that “…it is an unfair method of competition – and therefore […]
EEOC Issues Final Rule to Implement the Pregnant Workers Fairness Act
On April 15, 2024, the EEOC issued a final rule and interpretive guidance on the Pregnant Workers Fairness Act (“PWFA”). The final rule provides clarification on the law, which took effect June 27, 2023. As you may recall, the PWFA requires a covered entity to provide reasonable accommodations to a qualified employee’s or applicant’s known […]
Reminder: Effective March 20, 2024, New York City Earned Safe and Sick Time Act Allows a Private Right of Action
As we previously reported, effective March 20, 2024, the New York City Earned Safe and Sick Time Act (“ESSTA”) now allows employees to bring a private right of action for alleged violations of ESSTA. Employees will have two years from the date they first knew or should have known about the alleged violation to file […]
Federal Court Vacates NLRB’s New Joint Employer Rule
As we previously reported, the National Labor Relations Board (“NLRB”) issued a final rule addressing the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). Before the new rule became effective, the Chamber of Commerce of the United States brought a lawsuit in the Easter District of Texas, seeking to have the […]
Governor Hochul Proposes Repeal of New York COVID-19 Sick Leave Law in 2025 Fiscal Year Budget Bill
Governor Hochul released the 2025 Fiscal Year Proposed Budget Bill which includes a provision that would put an end to the State’s COVID-19 Sick Leave Law. According to the Governor’s briefing book, “legislation submitted with the Budget sunsets the law which required employers to provide sick leave and other benefits for employees subject to a […]
Reminder: New OSHA Electronic Reporting Requirement Due March 2, 2024
Effective January 1, 2024, the U.S. Department of Labor issued a final rule that requires certain employers in designated high-hazard industries to electronically submit injury and illness information that they are already required to keep to the department’s Occupational Safety and Health Administration. Specifically, establishments with 100 or more employees in certain high-hazard industries must […]
New Reporting Requirements Under the Corporate Transparency Act and the New York LLC Transparency Act
Effective January 1, 2024, the Corporate Transparency Act (the “CTA”) requires every corporation, LLC, or other entity created by the filing of a document with a Secretary of State to file a report disclosing information regarding its beneficial owners to the Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”). Those businesses created in the United States […]
New York City Amends Earned Safe and Sick Time Act to Allow a Private Right of Action
The New York City Council recently amended the New York City Earned Safe and Sick Time Act (“ESSTA”), to create a private right of action for employees claiming violations of ESSTA. Employees will have two years from the date they first knew or should have known about the alleged violation to file a lawsuit. The […]
New York State COVID-19 Paid Leave Law Remains in Effect
As we are all aware, New York State issued an order implementing the New York State COVID-19 Leave Law, providing job-protected leave for employees who are subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. While the pandemic seems like a thing of the past, the New York State COVID-19 […]