NLRB Determines that Overbroad Confidentiality and Non-Disparagement Provisions in Severance Agreements are Unlawful
On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision holding that an employer violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it offers a severance agreement containing provisions that would restrict employees’ exercise of their rights under Section 7 of the Act. In McLaren Macomb, the employer furloughed 11 […]
New York State Pay Transparency Law Proposed Amendments
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 such job, promotion, or […]
Reminder: Effective February 19, 2023 – New York Labor Law Prohibits Discipline or Retaliation for Lawful Absences
As we previously reported, Governor Kathy Hochul signed into law an amendment to Section 215 of the New York Labor Law, which expands the retaliation protections under the law. Effective February 19, 2023, employers in New York will be prohibited from disciplining or retaliating against employees who take legally protected absences. The amendment expressly prohibits […]
New York Issues Required Posting Regarding Veteran Benefits and Services
The New York Department of Labor has issued a required posting regarding benefits and services available to military veterans pursuant to a recently enacted bill S.1961B/A3913. The law became effective on January 1, 2023. Specifically, the law requires New York employers with more than 50 full-time equivalent employees to display the poster “in a conspicuous place […]
OSHA Issues New Enforcement Guidance
On January 26, 2023, The U.S. Department of Labor announced that its Occupational Safety and Health Administration (“OSHA”) has issued new enforcement guidance to make its penalties more effective in stopping employers from repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements. OSHA Regional Administrators and Area […]
Reminder: OSHA 300-A Forms Must be Completed and Posted by February 1, 2023
As a reminder, employers are required to complete OSHA Form 300-A Summary of Work-Related Injuries and Illnesses for 2022 by February 1, 2023, and to post it through April 30, 2023. The Form 300 is the Log of Work-Related Injuries and Illnesses that employers must use to record all new cases of work-related fatalities, injuries, […]
New York Enacts the Warehouse Workers Protection Act
Governor Kathy Hochul recently signed into law the New York Warehouse Worker Protection Act, which will protect warehouse distribution workers from undisclosed or unlawful work speed quotas and includes protections for workers who fail to meet unlawful quotas. The legislation will be effective February 19, 2023. Specifically, the Warehouse Worker Protection Act amends the New […]
New York Enacts Legislation Imposing New Legal Obligations for New York Hospitality Employers to Combat Human Trafficking
New York State Governor Kathy Hochul recently signed legislation into law that aims to prevent human trafficking and will impose new posting and training requirements on most hospitality industry employers. Human Trafficking Awareness Posting Requirements Pursuant to the new legislation, establishments that sell alcoholic beverages or adult entertainment are required to post visible information notices […]
President Biden Enacts the SECURE Act 2.0
The “SECURE Act 2.0” was signed into law by President Biden and is effective immediately. The new legislation includes almost 100 different changes that are linked to retirement plans. Following is a brief summary of some of the changes that may affect your company’s retirement plans. Effective Immediately Child Birth/Adoption Expenses. The optional repayment period […]
FTC Issues Proposed Rule That Would Ban Most Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking that would prohibit non-compete agreements between employers and employees. The full draft of the proposed “Non-Compete Clause Rule” can be found here. Specifically, the proposed rule would provide it is an unfair method of competition for an employer to enter […]
Effective Immediately – New York Employers Must Provide Workplace Postings Electronically
On December 16, 2022, Governor Kathy Hochul signed into law an amendment to Section 201 of the New York Labor Law that requires New York employers must now furnish all employees with digital copies of all required posters via email or by posting them on the employer’s website. The law is effective immediately. Specifically, the […]
New York State Expands Accommodations for Breastfeeding in the Workplace
Governor Hochul has signed legislation that will require private sector employers throughout New York State to meet new time, space and notice requirements for accommodating employees who pump breast milk in the workplace. The new law will be effective on June 7, 2023. Specifically, pursuant to the new law, employers must provide a nursing employee […]