The Bottom Line We have previously issued alerts concerning the Federal Trade Commission’s (FTC) rule banning most employee and independent contractor non-competes (the Rule) (May 6, 2024, January 26, 2023) and come to you now with a major update. On August 20, 2024, the federal court in Continue Reading
Opportunities and Risks of Using AI in Employee Benefits Administration
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
California’s Workplace Violence Prevention Law Goes Into Effect on July 1, 2024
The Bottom Line Under the new California Labor Code Section 6401.9 (which resulted from the passage of Senate Bill 553 last year), California employers must have workplace violence prevention plans, training and recordkeeping processes in place by July 1, 2024. Coverage The new law Continue Reading
The Supreme Court Lowers the Bar Employees Must Meet to Establish “Harm” for Discrimination Claims Under Title VII
The Bottom Line The Supreme Court of the United States recently addressed the standard to be applied to claims of discriminatory job transfers under Title VII, holding that an employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect Continue Reading
New York State Provides New Protections to Independent Contractors
The Bottom Line Independent contractors in New York State will soon have expanded protections under the New York Labor Law. On May 20, 2024, the Freelance Isn't Free Act takes effect and imposes new requirements for written agreements with most independent contractors in the State. The Act Continue Reading
U.S. Department of Labor Publishes Final Rule on Independent Contractor Status
The Bottom Line The U.S. Department of Labor (DOL) released a final rule that changes how potential employers assess whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The final rule, issued January 9, 2024, was published in the Federal Continue Reading
California Pushes the Boundaries of Its Ability To Limit Employer Use of Restrictive Covenants Agreements
The Bottom Line California already has among the strictest limitations in the United States on the use of employee restrictive covenants agreements. Specifically, California Business and Professions Code Section 16600 voids “every contract by which anyone is restrained from engaging in a Continue Reading