New York Governor Hochul Vetoes Bill That Would Ban Non-Compete Agreements

On November 30, 2023, Governor Kathy Hochul announced that she would not be signing proposed legislation that would prohibit employee non-compete agreements in New York. As we previously reported, on June 7, 2023, the New York State Senate passed Bill No. S03100 (the “Bill”), which would amend the New York Labor Law to ban the […]

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. […]

Reminder: New York State Pay Transparency Law Effective September 17, 2023

As we previously reported, effective September 17, 2023, employers will be subject to the New York State Pay Transparency law.  Pursuant to the new law, employers who advertise a job, promotion, or transfer opportunity must include: (1) the compensation or a range of compensation for such job, promotion, or transfer opportunity; and (2) the job […]

U.S. Department of Labor Proposes to Raise the Exempt Salary Threshold

On August 30, 2023, the United States Department of Labor (“DOL”) announced a proposed rule that would significantly increase the minimum weekly salary to qualify for the Fair Labor Standards Act (“FLSA”) white collar exemptions. The minimum salary would increase from $684 per week (the annual equivalent of $35,568) to $1,059 per week (the annual […]

New York Prohibits Employers from Accessing Employees’ Personal Social Media Accounts

Recently, New York enacted a law that prohibits an employer from requesting or requiring that an employee or applicant for employment disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.  The new law also prohibits employers from retaliating against employees and applicants who refuse […]

NLRB Establishes New Standard for Evaluating Workplace Policies

The National Labor Relations Board (“NLRB” or “Board”) recently released the decision Stericycle Inc., which revises the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (“NLRA”).  Specifically, the decision reverses the Board’s former decision in Boeing Co. and adopts a new test: specifically, could a worker reasonably read, or interpret, a […]

USCIS Announces Permanent Option for Remote Inspection for E-Verify Users and New Form I-9

Permanent Remote Review On July 25, 2023, the Department of Homeland Security (“DHS”) published a final rule that will provide eligible employers filling out the Employment Eligibility Verification Form I-9 an optional alternative to the in-person physical document examination method that employers have followed as part of the Form I-9 process.  The alternative procedure is […]

New York State Minimum Wage to Increase in 2024

New York State Governor Kathy Hochul has signed the New York State 2024 Budget Agreement into law, which contained increases to the State’s minimum wage rates.   Effective January 1, 2024, the minimum wage will increase incrementally over the next few years based on the region where employees work as follows: Effective Date New York […]

Supreme Court Redefines Standard for Religious Accommodation Requests

In a recent holding, the United States Supreme Court has redefined the religious accommodation standard under Title VII of the Civil Rights Act of 1964 (“Title VII”).  In Groff v. DeJoy, the Court held that an employer must allow a religious accommodation for employees unless the employer can show the burden of doing so “is […]

New York WARN Act Amendments

The New York State Worker Adjustment and Retraining Notification Act (“NY WARN Act”) requires covered businesses to provide early warnings of closures and layoffs to all affected.  Recently, the New York Department of Labor issued final regulations making changes to the NY WARN Act regulations and on June 21, 2023, those amendments took effect.  Some […]