New York Enacts Law Prohibiting Liquidated Damages for Violation of Non-Disclosure Agreements in Settlements of Discrimination and Harassment Claims
On November 17, 2023, New York Governor Kathy Hochul signed legislation that affects settlement agreements between employers and employees that resolve claims of discrimination, harassment and retaliation. The law invalidates a release of claims in any future settlement agreement that contains a condition requiring the complainant to pay the employer liquidated damages or to forfeit […]
NLRB Issues Final Rule on Standard for Determining Joint Employer Status
On October 26, 2023, the National Labor Relations Board (“NLRB”) issued a final rule addressing the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). The new rule is effective December 26, 2023. Pursuant to the new rule, two or more employers of the same employees are considered joint employers of those […]
President Biden Signs Executive Order Addressing the Use of Artificial Intelligence
On October 30, 2023, President Biden signed the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (hereinafter the “Executive Order”), addressing artificial intelligence issues for the American people. Specifically, the Executive Order establishes new standards for artificial intelligence relating to safety, security, privacy, civil rights, immigration, and health care. […]
New York City Amends Safe and Sick Time Regulations
Recently, the New York City Department of Consumer and Worker Protection (“Department”) issued a Final Rule amending the Earned Safe and Sick Time Act (“ESSTA”) regulations to align with the statutory amendments made by the 2020 New York State Paid Sick Leave Law. The rule amendments also provide additional clarification for employers about their compliance […]
New Form I-9 Must Be Used Starting November 1, 2023
As you are aware, federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may […]
New York Governor Hochul Passes Bill that Modifies the Definition of Clerical and Other Workers
Recently, New York Governor Kathy Hochul signed bill S5572/A6796 that amends the New York Labor Law’s definition of “clerical and other worker.” Specifically, the new legislation increases the minimum weekly earnings that a bona fide executive, administrative, or professional employee must receive to be excluded from the category of “clerical and other worker,” from $900 […]