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 […]
New York City Defers Automated Employment Decision Tools Law Enforcement to April 15, 2023
New York City passed legislation that protects individuals from unlawful bias by the employer when automated employment decision tools are used. Pursuant to the law, employers must conduct AI tool audits to confirm that such tools are not biased. The new law was initially slated to go into effect on January 1, 2023. Recently, the […]
President Biden Signs the Respect for Marriage Act
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
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
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
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 […]