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 […]
President Biden Enacts the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)
On December 29, 2022, President Biden signed into law the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). Federal law already requires employers to provide employees with reasonable break time to express breast milk for one year after the child’s birth and a place to do so, other than a bathroom, that is […]
President Biden Enacts the Pregnant Workers Fairness Act
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
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
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
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 […]
New York City Issues Proposed Rules to Implement New Automated Employment Decision Tools Law
Recently, New York City has proposed rules for implementing this new law. The proposed rules would clarify the requirements for the use of automated employment decision tools within New York City, the notices to employees and candidates for employment regarding the use of the tool, the bias audit for the tool, and the required published […]
NLRB Issues Twin Rulings Expanding the Scope of ‘Make-Whole’ Remedies and Easing Union Organizing Burdens
On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for “all direct or foreseeable pecuniary harms” resulting from an employer’s unfair labor practice as a matter of course in all cases involving […]