New York Governor Kathy Hochul signed Senate Bill S4394A on October 28, 2021, significantly expanding protections under New York’s whistleblower statute, New York Labor Law Section 740. Section 740 previously prohibited New York employers from retaliating against employees who disclosed or Continue Reading
Illinois Takes Steps to Limit Employer Use of Restrictive Covenants
The Bottom Line The Act impacts restrictive covenants entered into on or after January 1, 2022.The Act is sweeping in scope, and alters the landscape for restrictive covenants in Illinois. Employers should carefully review their non-compete and non-solicit agreements to ensure that they Continue Reading
California Expands Restrictions on Employers’ Use of Non-Disclosure Provisions
The Bottom Line Employers should review any form agreements for California employees that contain non-disparagement and/or confidentiality clauses and incorporate the newly required disclosure of rights language under SB-331.Companies that are settling workplace discrimination, harassment and Continue Reading
New Requirements for NYC Employers as Omicron Spreads
Update On December 15, 2021, the New York City Health Commissioner issued a Workplace Vaccination Order explaining the City’s vaccination mandate for private businesses. Additional information on the new requirements can be found on the NYC Health Department website and in FAQs. The Continue Reading
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Amendments Expanding NYC’S “Ban-the-Box” Law Take Effect on July 29
Update The New York City Commission on Human Rights (NYCCHR) has issued a Legal Enforcement Guidance and Frequently Asked Questions About New York City’s Employment Protections Based on Criminal History. These publications provide additional guidance to employers on the new Fair Chance Act (FCA) Continue Reading
NY DOL Issues Airborne Infectious Disease Exposure Prevention Standard and Model Plan
Update On September 6, 2021, Governor Kathy Hochul announced that the New York commissioner of health has designated COVID-19 a highly contagious communicable disease that presents a serious risk of harm to the public health. This designation requires employers to implement their airborne Continue Reading
New Caselaw Sheds Light on Enforceability of No-Hire Agreements Between Companies
The Bottom Line Parties entering into no-hire provisions should ensure that the provisions protect legitimate interests of the contracting parties, and that they are narrowly tailored to serve those interests.Parties should be mindful that no-hire provisions may not be enforced where the employees Continue Reading
Washington, D.C. Bans Non-Compete Agreements
The Bottom Line Washington, D.C.’s new law banning non-compete agreements is sweeping in scope. Given the potential liability for violating the Act, employers should become familiar with the Act’s provisions.Employers should review their existing restrictive covenant agreements for Washington, D.C. Continue Reading
Keeping the Faith…less Servant Doctrine Alive
The Bottom Line The faithless servant doctrine has potentially huge advantages for employers, including alleviating the need to prove damages – a requirement for any claim for breach of contract.Disgorgement of past wages allows for monetary relief in circumstances where proving damages may be Continue Reading