In 2018, New York State enacted the Paid Family Leave Benefits Law (“PFL”), which is employee-funded insurance to allow eligible employees to take paid, job-protected time off to care for a family member. The amount of leave and pay has periodically increased since 2018. Currently an eligible employee may take up to 12 weeks of
On August 20, 2024, the United States District Court for the Northern District of Texas issued a Memorandum Opinion and Order setting aside, on a nationwide basis, the Federal Trade Commission’s (“FTC”) Non-Compete Rule (Ryan LLC v. Federal Trade Commission (3:24-cv-986)). The Court decided that the FTC’s Non-Compete Rule was unlawful and exceeded the FTC’s
As we discussed in an earlier post, the Federal Trade Commission (“FTC”) issued a final rule prohibiting post-employment non-compete clauses for workers in the United States. FTC’s final rule takes effect on September 4, 2024. However, the rule is currently being litigated in several jurisdictions, including applications for preliminary injunction to prevent it from
The New York labor law requires every employer, no matter its size (including a family business), to adopt a sexual harassment prevention policy that meets or exceeds the minimum standards set by New York State. Every such policy must include examples of prohibited conduct, a complaint form, procedures for investigation of any complaint, information on
President Biden signed into law the “Providing Urgent Maternal Protections for Nursing Mothers Act” (“PUMP Act”) on December 29, 2022. The PUMP Act expands employer obligations under the Fair Labor Standards Act (FLSA) and addresses the needs of nursing women in the work force. It provides that for up to one year, an employer must
The Gender Expression Non-Discrimination Act (“GENDA”) was signed into law by Governor Cuomo in January 2019. The law added gender expression and gender identity to the State’s Human Rights Law as a protected class and prohibits unlawful discrimination in employment, housing, and public accommodations based on a person’s gender identity or expression.
GENDA defines gender
As discussed in my recent blog, the National Labor Relations Board (NLRB) in its McLaren Macomb decision has ruled that confidentiality clauses which prohibit an employee from disclosing the terms of her or his severance agreement and clauses that prohibit an employee from disparaging their employer as conditions to receipt of a severance payment violate
It has long been common practice for employers to require a terminated employee to sign a separation agreement as a condition to receiving a severance payment. Such agreements usually include, among other things, the amount and timing of such payments, a general release in favor of the employer (including specific age discrimination waivers if the
“This bill seeks to protect workers from corporations and their agents that fail to comply with safety protocols by amending the penal code to create new offenses and substantially increasing the fines that can be imposed upon a corporate defendant convicted of certain crimes.”[1] The bill has not yet been signed by Governor Hochul.
Effective as of June 9, 2022, the Administrative Code of the City of New York[1] was amended to require that “certain businesses that supply their employees to clients for the performance of construction work or manual labor on the client’s construction site, in exchange for compensation, be licensed.”[2]
These businesses are defined as
