The Bottom Line Prospective customers (not just existing customers) may pursue claims against New York employers arising from an employee's misconduct under the doctrine of negligent supervision and retention. But the facts must still show that the employer owed a duty to the prospective customer Continue Reading
New York State Expands Lactation Accommodations for Employees
Update The New York DOL has published the state lactation accommodations policy. The Bottom Line Effective June 7, 2023, New York employers should ensure that their lactation rooms meet the law’s new specifications and that nursing mothers receive adequate break time to pump.New York Continue Reading
New York State Department of Labor Releases Updated Model Sexual Harassment Prevention Policy and Training Guidance
The Bottom Line Updates to the NYSDOL model sexual harassment prevention policy and training materials emphasize the importance of considering diversity and recognizing the many different forms of sexual harassment in the workplace, whether in person or remote.New York employers should consult Continue Reading
NLRB Finds Confidentiality and Non-Disparagement Clauses in Severance Agreement Unlawful
The Bottom Line The National Labor Relations Board has ruled that inclusion of confidentiality and non-disparagement provisions in separation agreements is unlawful.Employers should consult with counsel on how to update their agreements in light of this decision.It is unclear whether inclusion of Continue Reading
The FTC’s Sweeping Proposal to Ban Non-Competes
The Bottom Line In the three weeks since the proposed rule was released, the FTC has received over 5,600 comments, and many more are expected from interested individuals, companies, industry groups and trade associations.Until the final rule, if any, is implemented, companies should continue to Continue Reading
Employee Benefit Considerations When Making Workforce Modifications
The Bottom Line Employers should work closely with ERISA counsel to ensure that employee benefit plans (e.g., non-qualified deferred compensation plans, health and welfare plans, and 401(k) plans) are being administered correctly as they make changes to their workforce.Employers should work with Continue Reading
California Employers: California Privacy Rights Act in Full Force on Jan. 1, 2023
The Bottom Line Employers’ obligations will expand considerably as of Jan. 1, 2023, given the expiration of the CPRA employee data exemption.California employers will need to comply with notice obligations and new individual rights, such as access and deletion.California employers should take Continue Reading
New York City and California Pay Transparency Laws: What Employers Need to Know
The Bottom Line New York City’s pay transparency law will require employers to include salary ranges in job postings beginning on November 1, 2022.California employers will also be required to disclose this information effective January 1, 2023.Employers should promptly review their internal Continue Reading
New York Whistleblower Statute Amended to Significantly Expand Worker Protections
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