June 27, 2023: Update Your EEOC Poster to Ensure Compliance with the Pregnant Workers Fairness Act
As a reminder, the Pregnant Workers Fairness Act (“PWFA”) goes into effect on June 27, 2023. The PWFA requires employers to post a notice describing the various protections under the new law. On June 27, 2023, employers must remove their old EEOC “Know Your Rights” posters and replace them with the updated version, which can […]
New York State Senate Passes Bill that Prohibits Non-Compete Agreements
On June 7, 2023, the New York State Senate passed Bill No. S03100 (the “Bill”), which would amend the New York Labor Law to prohibit employee non-compete agreements in New York. Specifically, the language of the bill provides as follows: “No employer or its agent, or the officer or agent of any corporation, partnership, limited […]
NYC Sets Minimum Wage for Food Delivery Workers
New York City Mayor Eric Adams and New York City Department of Consumer and Worker Protection (“DCWP”) announced that the City of New York has set a first-of-its-kind minimum pay rate for app-based restaurant delivery workers. Effective July 12, 2023, the pay rate will increase from $7.09 per hour to $17.96 per hour. The minimum […]
U.S. Department of Labor Issues Guidance Regarding PUMP Act
As we previously reported, on December 29, 2022, President Biden signed the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) into law, which became effective immediately. The United States Department of Labor has now issued a Field Assistance Bulletin providing guidance to the Wage and Hour Division on the enforcement of the PUMP […]
New York City Mayor Eric Adams Signs into Law a Bill that Prohibits Discrimination in Employment, Housing and Public Accommodations on the Basis of an Individual’s Height and Weight
New York City Mayor Eric Adams has signed into law a bill (Intro. 209-A), which will prohibit discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations. The legislation will become effective 180 days from signing, on November 22, 2023. As we previously reported, the new legislation will amend […]
Form I-9 Remote Review Flexibility to End August 30, 2023
The Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) has announced that employers will have until August 30, 2023, to comply with Form I-9 requirements and to ensure that all required physical inspection of identity and employment eligibility documents have been satisfied. As we previously reported, the flexible policy was adopted […]
Reminder: The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) Enforcement Provisions Effective April 28, 2023
As previously reported, on December 29, 2022, President Biden signed into law the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), which expands workplace protections to all breastfeeding employees covered by the Fair Labor Standards Act (“FLSA”). Federal law requires employers to provide employees with reasonable break time to express breast milk for […]
New York City Issues Final Regulations for Automated Employment Decision Tool Law and Defers Enforcement to July 5, 2023
On April 6, 2023, the DCWP issued final regulations regarding the New York City Automated Employment Decision Tools Law (“AEDTL”). Pursuant to the law, employers must conduct automated decision tool audits to confirm that such tools are not biased. The new law went into effect on January 1, 2023, but the New York City Department of […]
New York State Updates Its Model Sexual Harassment Policy and Training Materials
On April 11, 2023, New York State released updated versions of the New York State Sexual Harassment Model Policy and training materials. In addition to a new model policy, the State has updated its Frequently Asked Questions and provided a new toolkit for workers and employers, as well as a new training slide deck and […]
NLRB General Counsel Releases Memo Clarifying Confidentiality and Non-Disparagement Clause Decision
On March 22, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum clarifying the NLRB’s decision in in McLaren Macomb, 372 NLRB No. 58 (2023), which deemed non-disparagement and confidentiality provisions in severance agreements to be unlawful. Specifically, the memorandum provides that the decision applies retroactively and therefore, agreements containing unlawful provisions […]
NLRB Launches “Know Your Rights” Cards Series
On March 28, 2023, the National Labor Relations Board (“NLRB”) announced the launch of a “Know Your Rights” card series to educate workers on their rights under the National Labor Relations Act. The launch begins with two tri-fold “Know Your Rights” cards. One card provides information about the rights afforded to immigrant employees. The other card […]
New York State Pay Transparency Law Amendments Signed into Law
As we previously reported, effective September 17, 2023, employers will be subject to the New York State Pay Transparency law, pursuant to which 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 description for […]