As we previously reported in April 2018, New York State lawmakers recently passed legislation aimed at combating workplace sexual harassment. The changes called for in the legislation include requiring employers to implement sexual harassment prevention policies and training. More than Continue Reading
New Massachusetts Law Specifies Requirements for Noncompetition Agreements
The Bottom Line With this Act going into effect on October 1, 2018, it is critical that employers in Massachusetts: review their existing restrictive covenant agreements to ensure that they are enforceable, and update their form documents to comply with the Act going forward. The Massachusetts Continue Reading
Employers May be Required to Accommodate Employees Who Request to Work Part Time Due to a Disability, Even if They had Previously Worked in Full-Time Roles
The Bottom Line The fact that less than half of disabled individuals of typical working age report having jobs, despite protective laws like the ADA, means that courts are increasingly sympathetic to the requests of the disabled for accommodations. The Hostettler decision highlights a common Continue Reading
Stop Sexual Harassment Act Poster and Information Sheet Issued by NYC Commission on Human Rights
The Bottom Line To prepare for the new sexual harassment prevention requirements imposed by New York City law, employers should post the mandatory anti-sexual harassment rights and responsibilities poster in both English and Spanish. Employers should also incorporate the mandatory information Continue Reading
Second Circuit Rules That Title VII Prohibits Discrimination on Basis of Sexual Orientation
The Bottom Line The Zarda decision deepens the growing split between the circuit courts on the issue of whether discrimination based on sexual orientation is prohibited under federal law. It is now more likely that the U.S. Supreme Court will ultimately have to determine whether federal law should Continue Reading
New Jersey Enacts New Equal Pay Protections Effective July 1, 2018
The Bottom Line Effective July 1, 2018, New Jersey's equal pay law will provide several new measures aimed at preventing unequal pay among employees performing substantially similar work. New Jersey employers must re-examine employee salaries to make sure any existing pay differentials are Continue Reading
NYC Expands Employee Rights to Request Temporary Work Schedule Changes and Use Paid Sick Time for “Safe Time” Purposes
The Bottom Line New York City employers should act quickly to ensure compliance with new laws that expand employee rights to request temporary schedule changes and use paid sick time for "safe time" purposes. At a minimum, employers should update employee handbooks to: Explain the procedures that Continue Reading
New York State Imposes New Legal Requirements for Workplace Sexual Harassment Prevention
The Bottom Line New York State's budget legislation, expected to be signed into law shortly, contains several measures related to workplace sexual harassment that will impact nearly every employer in New York. To prepare for these changes, New York companies are advised to consult with counsel to Continue Reading
Tax Reform Eliminated Deductions for Confidential Sexual Harassment Settlements
The Bottom Line The TCJA now prohibits employers from taking business deductions for confidential settlements or payments related to sexual harassment or sexual abuse claims. Consulting counsel early on is critical, as this new law could increase the complexity and costs of such settlements. Continue Reading
Massachusetts Pregnant Workers Fairness Act Goes Into Effect on April 1, 2018
The Bottom Line With the MPWFA's April 1, 2018 effective date quickly approaching, Massachusetts employers should review and revise their handbook policies, onboarding notices and HR practices to ensure that they comply with the law’s notice obligations and requirements to provide reasonable Continue Reading