NLRB Establishes New Standard for Evaluating Workplace Policies
The National Labor Relations Board (“NLRB” or “Board”) recently released the decision Stericycle Inc., which revises the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (“NLRA”). Specifically, the decision reverses the Board’s former decision in Boeing Co. and adopts a new test: specifically, could a worker reasonably read, or interpret, a […]
USCIS Announces Permanent Option for Remote Inspection for E-Verify Users and New Form I-9
Permanent Remote Review On July 25, 2023, the Department of Homeland Security (“DHS”) published a final rule that will provide eligible employers filling out the Employment Eligibility Verification Form I-9 an optional alternative to the in-person physical document examination method that employers have followed as part of the Form I-9 process. The alternative procedure is […]
New York State Minimum Wage to Increase in 2024
New York State Governor Kathy Hochul has signed the New York State 2024 Budget Agreement into law, which contained increases to the State’s minimum wage rates. Effective January 1, 2024, the minimum wage will increase incrementally over the next few years based on the region where employees work as follows: Effective Date New York […]
Supreme Court Redefines Standard for Religious Accommodation Requests
In a recent holding, the United States Supreme Court has redefined the religious accommodation standard under Title VII of the Civil Rights Act of 1964 (“Title VII”). In Groff v. DeJoy, the Court held that an employer must allow a religious accommodation for employees unless the employer can show the burden of doing so “is […]
New York WARN Act Amendments
The New York State Worker Adjustment and Retraining Notification Act (“NY WARN Act”) requires covered businesses to provide early warnings of closures and layoffs to all affected. Recently, the New York Department of Labor issued final regulations making changes to the NY WARN Act regulations and on June 21, 2023, those amendments took effect. Some […]
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 […]