NLRB General Counsel Issues Memorandum Supporting Increased Scrutiny of Electronic Employee Monitoring

video surveillance

On October 31, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, released GC Memorandum 23-02, entitled Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights. In the memo, she indicated that she plans to “urge the Board to protect employees, to the greatest extent possibly, from intrusive and … Read more

Important Reminder: Employee Paid Time Off to Vote

waiting on line to voite

With the midterm elections fast approaching on November 8, 2022, it is important for New York employers to remember their obligations to provide employees time off to vote.  Pursuant to Section 3-110 of the New York State Election Law, New York State employees are eligible for up to two hours of paid time off to vote if they do not have “sufficient time to … Read more

Wage and Hour Compliance

working on train

For employers, wage and hour laws can be complex and compliance with the scheme of federal and state laws regulating the payment of wages and overtime can be daunting.  But it is critical for employers to understand their responsibilities under the applicable wage and hour laws, as non-compliance with these laws can subject them to litigation which … Read more

Key Considerations of Employee Monitoring in the Workplace

Video surveillance at work

Workplace monitoring is subject to a variety of laws regarding when employees have a right to privacy and if and when they must be notified that they are being monitored. The Electronic Communications Privacy Act (“ECPA”) of 1986 governs an employer’s monitoring of employees’ electronic communications in the workplace.  The ECPA prohibits an employer from … Read more

New York City Pay Transparency Law is Effective November 1, 2022

woman searching for job online

As we previously reported, New York City passed the Pay Transparency Law, which will require 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 … Read more

Compliance with Leave Laws

Pregnant woman about to take leave at work

Coordinating employee leaves under the various leave laws can prove to be a challenge for employers. To ensure compliance, employers should familiarize themselves with the requirements for all applicable leave laws and establish policies and procedures for handling employee leave requests.  Importantly, employers should administer those policies and procedures in a consistent and nondiscriminatory manner, in … Read more

Employer Alert: Continue to Use Current Form I-9 Until Further Notice

female boss training new employee

The U.S. Department of Homeland Security (“DHS”) announced that employers should continue using the Form I-9, Employment Eligibility Verification, after its expiration date of October 31, 2022 until further notice. DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.  There will be significant changes … Read more

NYC Issues Proposed Rules to Implement New Artificial Intelligence Audit Law

Man working on computer

As we previously reported, 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 results of those audits must be published on publicly-available websites. Furthermore, the … Read more

New York City to Lift Private Employer COVID-19 Vaccine Mandate November 1, 2022

vaccine bottles

New York City Mayor Eric Adams has announced that the city’s coronavirus vaccine mandates for private sector workers and student athletes will end on November 1, 2022. However, the vaccination requirement will remain for New York City municipal workers, including police officers, firefighters and teachers. It will now be up to individual business owners to … Read more

The National Labor Relations Board Issues Proposed Rule on Joint Employer Status

Woman and man labeling boxes at work

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 … Read more

New York City Passes Ordinance Restricting the Use of Artificial Intelligence in Employment Applicant Screening

Woman searching on computer

As you may recall, we previously reported about the Equal Employment Opportunity Commission’s 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 … Read more

OSHA Implements National Emphasis Program on Heat Inspections

construction worker on a hot day

The Occupational Safety and Health Administration (“OSHA”) has issued a new National Emphasis Program (the “program”) on heat inspections and is launching a rulemaking process to develop a workplace heat standard.  In addition, OSHA is forming a National Advisory Committee on Occupational Safety and Health Heat Injury and Illness Prevention Work Group to provide better … Read more