On November 17, 2023, New York Governor Kathy Hochul signed legislation that affects settlement agreements between employers and employees that resolve claims of discrimination, harassment and retaliation. The law invalidates a release of claims in any future settlement agreement that contains a condition requiring the complainant to pay the employer liquidated damages or to forfeit […]
On October 26, 2023, 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”). The new rule is effective December 26, 2023. Pursuant to the new rule, two or more employers of the same employees are considered joint employers of […]
On October 30, 2023, President Biden signed the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (hereinafter the “Executive Order”), addressing artificial intelligence issues for the American people. Specifically, the Executive Order establishes new standards for artificial intelligence relating to safety, security, privacy, civil rights, immigration, and health care. […]
Recently, the New York City Department of Consumer and Worker Protection (“Department”) issued a Final Rule amending the Earned Safe and Sick Time Act (“ESSTA”) regulations to align with the statutory amendments made by the 2020 New York State Paid Sick Leave Law. The rule amendments also provide additional clarification for employers about their compliance […]
As you are aware, federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may […]
Recently, New York Governor Kathy Hochul signed bill S5572/A6796 that amends the New York Labor Law’s definition of “clerical and other worker.” Specifically, the new legislation increases the minimum weekly earnings that a bona fide executive, administrative, or professional employee must receive to be excluded from the category of “clerical and other worker,” from $900 […]
On September 6, 2023, New York Governor Kathy Hochul signed the captive audience bill into law which prohibits employers from coercing employees into attending or participating in meetings sponsored by the employer concerning the employer’s views on political or religious matters. The legislation also requires employers to post a sign in every workplace informing employees of […]
Recently, New York enacted a law that prohibits an employer from requesting or requiring that an employee or applicant for employment disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices. The new law also prohibits employers from retaliating against employees and applicants who refuse […]
New York State Governor Hochul recently signed legislation (S2832-A/A154-A) to make wage theft a form of larceny and allow prosecutors to seek stronger criminal penalties against employers who steal wages from workers. Specifically, the new legislation amends Section 155.00 of the New York Penal Law to add “compensation for labor or services” to the definition […]
New York City has passed legislation amending the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination on the basis of height and weight. The law will become effective November 22, 2023. The new law amends the NYCHRL to include height and weight as protected categories and New York City employers will be prohibited […]
As we previously reported, effective September 17, 2023, employers will be subject to the New York State Pay Transparency law. Pursuant to the new law, employers who advertise a job, promotion, or transfer opportunity must include: (1) the compensation or a range of compensation for such job, promotion, or transfer opportunity; and (2) the job […]
On August 30, 2023, the United States Department of Labor (“DOL”) announced a proposed rule that would significantly increase the minimum weekly salary to qualify for the Fair Labor Standards Act (“FLSA”) white collar exemptions. The minimum salary would increase from $684 per week (the annual equivalent of $35,568) to $1,059 per week (the annual […]
