President Biden Enacts the Pregnant Workers Fairness Act

pregnant woman at work who is tired

On December 29, 2022, President Bident signed into law the Pregnant Workers Fairness Act (“PWFA”).   Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act in 1978, prohibits sex discrimination, including pregnancy discrimination, but does not require employers to provide reasonable accommodations to employees. Relatedly, the Americans with Disabilities Act (ADA) […]

New York State Provides Protection for Individuals Based on Citizenship and Immigration Status

man handing in visa application

On December 23, 2022, Governor Hochul signed into law New York State Assembly Bill A6328A, amending the New York Executive Law § 292 (the New York State Human Rights Law (NYSHRL)), to prohibit employment discrimination against employees and job applicants based on citizenship and immigration status. This amendment, which became effective immediately upon Governor Hochul’s signature, prohibits […]

New York State Enacts Pay Transparency Law – Effective September 17, 2023

woman uploading resume in job posting online

On December 21, 2022, Governor Kathy Hochul signed legislation that will require employers with four or more employees to disclose salary ranges in advertisements for jobs, promotions, or transfer opportunities.  The law will become effective September 17, 2023.  Pursuant to the new law, employers that advertise a job, promotion, or transfer opportunity must include: (1) […]

Governor Hochul Vetoes New York State Freelance Isn’t Free Act

man busy at work

The New York State Legislature recently passed the Freelance Isn’t Free Act (the “Act”).  If signed into law, the Act, which mirrors New York City’s Freelance Isn’t Free Act, would have provided protections to freelance workers/independent contractors. However, on December 23, 2022, Gov. Hochul vetoed Bill A9368/S8369B. The bill was modeled after the Freelance Isn’t […]

President Biden Signs the Respect for Marriage Act

couple putting on ring during marriage ceremony

On December 13, 2022, President Biden signed the Respect for Marriage Act. The act specifically repeals the federal Defense of Marriage Act from the 1990s and prohibits states from denying “full faith and credit” to any marriage between two individuals based on sex, race, ethnicity, or national origin. The act includes a section stating that it […]

President Biden Enacts Speak Out Act Curtailing the Use of Pre-Dispute Non-Disclosure and Non-Disparagement Clauses Involving Sexual Assault and Harassment Claims

two women discussing document on computer screen

On December 7, 2022, President Biden signed into law the Speak Out Act, which prevents courts from enforcing certain non-disclosure and non-disparagement clauses related to claims of sexual assault or harassment. The new law was effective immediately. Specifically, the Act bars the enforcement of non-disclosure and non-disparagement clauses with respect to a sexual assault or […]

New York Labor Law Amendment Prohibits Employers from Retaliating Against Employees for Lawful Absences – Effective February 19, 2023

woman having serious conversation with coworker

On November 21, 2022, Governor Kathy Hochul signed into law Assembly Bill A8092B, which prohibits employers from retaliating against employees who take lawful absences pursuant to federal, state or local law.  The law becomes effective February 19, 2023.  Under Section 215 of the New York Labor Law, employers are prohibited from taking adverse employment action […]

New York State Minimum Wage and Exempt Salary Threshold

handing a paycheck to a worker

The minimum wage for employees working in New York City, Nassau, Suffolk and Westchester counties remains unchanged at $15.00 per hour. The minimum wage for fast food employees across the state also remains unchanged at $15.00 per hour. Effective Dec. 31, 2022, the minimum wage in upstate New York will increase from $13.20 to $14.20 […]