New York State Legislature Passes 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 provide protections to freelance workers/independent contractors. Specifically, the Act would amend the New York Labor Law to establish protections for covered freelance workers, including the […]
New York State Launches Hotline For Complaints of Workplace Sexual Harassment
On July 19, 2022, the New York State Division of Human Rights (“NYSDHR”) established a confidential hotline at 1-800-HARASS-3 which allows individuals to report complaints of sexual harassment in the workplace and provide legal assistance to New York employees. Specifically, employees in New York State may now call 1-800-HARASS-3 (1-800-427-2773) for issues relating to workplace […]
EEOC Updates Guidance on Screening, Testing and Mandatory Vaccine Policies
On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 FAQs, revising earlier guidance regarding permissible COVID-19 testing, workplace screening, and mandatory vaccine policies. We recommend that employers review the updated guidance in its entirety, which can be found at www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
The EEOC Issues Guidance on the ADA and the Use of Artificial Intelligence in Making Employment Decisions
On May 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing how employers use of artificial intelligence (“AI”), algorithms, and software in hiring and employment practices may be at risk for violating the Americans with Disabilities Act (“ADA”). The document also provides practical tips to employers on how to comply with […]
New York Employers Must Comply with Electronic Monitoring Requirements by May 7, 2022
Effective May 7, 2022, New York employers will be required to provide prior notice concerning the monitoring of employee telephone, email, or internet usage. Specifically, employers must notify employees that “any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system […]
New York City Pay Transparency Law – Effective November 1, 2022
New York City passed the Pay Transparency Law, which requires employers hiring in New York City to disclose the minimum and maximum annual base salary or hourly wage for a job, promotion or transfer opportunity in any advertisement for the position beginning November 1, 2022. Specifically, the new law makes it “an unlawful discriminatory practice” […]
Proposed Changes to the Form I-9
The Form I-9, which is used to record employment eligibility verification, as required by the federal government, is going to undergo major changes by the time the current form expires on October 31, 2022. The Department of Homeland Security (“DHS”) has proposed the modifications, in an attempt to simplify and clarify things for employers. The […]
Form I-9 Remote Review Ends on April 30, 2022
The United States Immigration and Customs Enforcement’s temporary policy allowing employers to inspect Form I-9 documents virtually will end on April 30, 2022. The policy was first issued in March 2020 due to the COVID-19 pandemic and it has been extended 12 times. Starting May 1, 2022, the eligibility documents must be reviewed in person. […]
New York State Amends Workplace Anti-Discrimination and Anti-Harassment Laws
On March 16, 2022, New York Governor Kathy Hochul signed into law three amendments to the State’s workplace anti-discrimination and anti-harassment laws, expanding harassment and discrimination protections under the New York State Human Rights Law (“NYSHRL”). Retaliation for Releasing Personnel Files Effective immediately, the NYSHRL’s definition of retaliation was amended to include “disclosing an employee’s […]
New York City Salary Disclosure Law
Beginning May 15, 2022, employers that have four or more workers advertising jobs in New York City must include a good faith salary range for every job, promotion, and transfer opportunity advertised. The New York City Commission on Human Rights (“NYCCHR”) has issued a fact sheet answering some open questions regarding application of this new […]
New York Hero Act Amendment
On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended. Private sector employers are no longer required to implement their workforce safety plans.” Employers, however, are still required to have a HERO Act safety plan, provide […]
New York State Human Rights Laws Amendment
On March 16, 2022, an amendment to the New York State Human Rights Laws modifies the definition of “unlawful retaliation” to include “disclosing an employee’s personnel files because he or she has opposed any practices forbidden under [the NYSHRL] or because he or she has filed a complaint, testified, or assisted in any proceeding.” The […]