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 […]
New York City Bans Automated Employment Decision Tools Unless Bias Audit Conducted
Effective January 1, 2023, employers in New York City will be banned from using automated employment decision tools (such as artificial intelligence) to screen job candidates unless the technology has been subject to a “bias audit,” making this law the first of its kind in the nation. Automated employment decision tools that fall within the […]
New York City Minimum Wage and Exempt Salary Threshold
The New York City minimum wage remains $15.00 per hour, a rate that went into effect for all city employers on December 31, 2019. The exempt employee salary threshold remains at $1,125/week ($58,500/year).
New York City Vaccine Mandate for Private Employers Lifted
New York City’s coronavirus vaccine mandates for private sector workers and student athletes ended on November 1, 2022. It will now be up to individual business owners to decide if they want to maintain a vaccine requirement. The vaccination requirement will remain for New York City municipal workers, including police officers, firefighters and teachers.
U.S. DOL Issues Proposed Rules on Classification of Independent Contractors
The U.S. Department of Labor (“U.S. DOL”) recently released proposed rules intended to clarify when workers are classified as employees as opposed to independent contractors under the Fair Labor Standards Act (“FLSA”). The proposed rules would abandon the current regulations which expanded the use of independent contractors and return to the position that the economic […]
EEOC Releases Updated “Know Your Rights” Poster
On October 19, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated “Know Your Rights” poster to be prominently displayed in the workplace by all employers with 15 or more employees. The new poster updates and replaces the previous “EEO is the Law” poster. The posters should be placed in a conspicuous location […]
Form I-9 Remote Review Flexibility Extended Until July 31, 2023
The Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) has announced another extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification. The policy, which was originally announced on March 19, 2020, was previously set to expire on October 31, 2022. With this new extension, the policy […]
The National Labor Relations Board Issues Proposed Rule on Joint Employer Status
On September 7, 2022, the National Labor Relations Board (“NLRB”) issued a proposed rule on the standard for determining whether an entity is a joint employer under the National Labor Relations Act (“NLRA”). Under the proposed rule, entities may be deemed joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of […]