As with many of the allowances that were made to employment requirements during the heart of the COVID-19 pandemic, the prior leniency for remote inspection of Form I-9 documents is now reverting to pre-pandemic status. In May 2023, U.S. Immigration and Customs Enforcement (ICE) announced that employers have until August 30, 2023, to physically inspect
Ruskin Moscou Faltischek, P.C. Blogs
Latest from Ruskin Moscou Faltischek, P.C.
SCOTUS Raises the Bar for Employers Seeking to Prove that a Religious Accommodation Would Cause Undue Hardship
Amidst several divided opinions handed down last week, the Supreme Court released a unanimous decision in Groff v. DeJoy, a case concerning the obligation of employers to provide religious accommodations to employees. The Court held that an employer may deny an employee’s religious accommodation request on the basis of “undue hardship” only if it…
Is It The Beginning of the End for Non-Compete Agreements in New York?
The New York State legislature recently passed a bill that, if approved by Governor Hochul, would effectively ban all non-compete agreements in New York. The bill would become effective 30 days after it is signed by the Governor. If this bill becomes law, New York would join a larger nationwide push to ban non-competes, following…
THE PREGNANT WORKERS FAIRNESS ACT – TIME TO UPDATE YOUR EEOC POSTER
The Pregnant Workers Fairness Act takes effect today, June 27, 2023. The Pregnant Workers Fairness Act fills the gaps in federal employment laws to require that employers provide reasonable accommodations for known limitations relating to pregnancy, childbirth or related medical conditions. The Pregnant Workers Fairness Act applies to employers with fifteen (15) or more employees.…
Discrimination Based on Height or Weight Now Unlawful in New York City
On May 26, 2023, Mayor Eric Adams signed into law Intro 209-A, which amends the New York City Human Rights Law (“NYCHRL”) to include a prohibition against discrimination in employment, housing and places of public accommodations based on a person’s actual or perceived height or weight. The amendment will take effect on November 22,…
Most Non-Competes Violate Federal Law According to NLRB General Counsel
On May 30, 2023, General Counsel to the National Labor Relations Board (“NLRB”) issued a memorandum (“Memo”) informing its regional offices of the agency’s current stance on the enforceability of employee non-competition agreements. In brief, the NLRB’s position is that most non-competes imposed against non-supervisory employees violate the National Labor Relations Act (“NLRA”). The Memo…
An Overview of the Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (“PWFA”) will take effect on June 27, 2023. The law seeks to close long-standing gaps in the protections afforded to pregnant workers under other federal laws. The rights created by the statute are especially important for employees who live in jurisdictions without state or local laws requiring employers to make…
New York Amends Compensation Transparency Law in Advance of Effective Date
As discussed in our previous blog, New York recently enacted a Compensation Transparency Law (CTL) that is set to take effect on September 17, 2023. Generally speaking, the law will require employers to disclose salary ranges in advertisements for job, promotion and transfer opportunities.
On March 3, 2023, Governor Kathy Hochul signed off on…
What’s Next for Employees of Failed Banks?
On the evening of September 25, 2008, federal regulators seized Washington Mutual (“WaMu”) in what was, and still is, the largest bank failure in United States history. The government immediately sold virtually all of WaMu to J.P. Morgan Chase (“Chase”), at which point Chase took control of all of WaMu’s branches and deposits, and became…
New York City Employers: How Biased Is Your HR Software?
New York City employers who use Artificial Intelligence (“AI”) tools in hiring employees will soon be subject to new regulations aimed at curbing discrimination. Local Law 144, which goes into effect on April 15, 2023, will require City employers to test their AI recruitment tools for bias and post the results publicly.…