The Bottom Line The emergence of generative artificial intelligence (AI) technology offers significant opportunities in the field of employee benefits, for both employers and their employees, including: Despite the promise that generative AI technology holds for benefits administration, Continue Reading
New York State Employment Law Updates
The Bottom Line Recently enacted legislation in New York State has resulted in a number of developments impacting employers and employees. Effective June 19, 2024, New York employers will be required to provide nursing employees with 30-minute paid lactation breaks. Beginning January 1, 2025, Continue Reading
EEOC Publishes Regulations Interpreting Pregnant Workers Fairness Act
Update On June 17, 2024, a district judge in the Western District of Louisiana issued a partial preliminary injunction postponing the PWFA regulations’ requirement that employers provide accommodations for elective abortions of employees that are not necessary to treat a medical condition Continue Reading
NYC Employers’ Fast-Approaching Deadline Under Workers’ Bill of Rights Law
The Bottom Line By July 1, 2024, all New York City employers must (i) post in an easily visible place and (ii) individually distribute to each employee a “Know Your Rights at Work” poster created by the Department of Consumer and Worker Protection (DCWP). As required by the Workers’ Bill of Continue Reading
New York Expands Scope of Negligent Supervision and Retention Claims Against Employers
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 The New York State Department of Labor (NYSDOL) recently released its updated model sexual harassment prevention policy and training materials (including a script and slide deck, which can be found here). Having a legally compliant policy and conducting annual 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