Law and the Workplace
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Alisha Bruce

Associate
1.212.969.3043

Alisha Bruce is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.

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Delaware Chancery Court Points Out “Poor Contract Drafting” in Recent Dismissal

On August 23, 2023, the Delaware Court of Chancery decided Frontline Technologies Parent LLC et al. v. Brian Murphy et al., a case which, in the Court’s view, “presents a textbook example of why parties should ensure their contracts say what they mean and mean what they say.” The lawsuit, filed by Frontline Technologies Group, … Continue Reading

Maine Enacts Expansive Paid Family and Medical Leave Law

Maine has become the latest state to enact a paid family and medical leave law. The law (as amended prior to enactment), which will cover all employers with one or more employees working in Maine, establishes a state-managed program whereby employers and employees will contribute to a paid Family and Medical Leave Insurance Fund (the … Continue Reading

New York State Introduces Bill to Impose Restrictions on the Use of AI Tools in Employment Decisions

A bill introduced in the New York State Senate on August 4, 2023, would impose statewide requirements regulating tools that incorporate artificial intelligence to assist in employee monitoring and the employment decision-making process. (See Bill S07623 (“S07623”)).  The proposed requirements are much broader than those imposed by the New York City Automated Employment Decisions Tools … Continue Reading

New York’s Non-Compete Bill: Cutting Through the Confusion

The potential New York ban on non-compete agreements, approved by the both houses of the state Legislature back in June, has generated a significant volume of press, commentary, and speculation—but it hasn’t yet been signed into law.  What’s the current status of the bill, and how would it impact existing non-compete agreements if and when … Continue Reading

FTC Orders 20-Year Non-Compete Ban for Anchor Glass

On June 2, 2023, the Federal Trade Commission (“FTC” or “the Commission”) finalized a Consent Order settling charges against Anchor Glass Container Corp. (“Anchor Glass”) for engaging in conduct which, according to the FTC’s administrative complaint, “constitutes an unfair method of competition with a tendency or likelihood to harm competition, consumers, and employees in the … Continue Reading

UPDATED: New York City Council Approves Ordinance Prohibiting Discrimination Based on a Person’s Height or Weight

***UPDATED: Mayor Adams signed the ordinance into law on May 26, 2023.  The law takes effect on November 22, 2023.*** The New York City Council has approved an ordinance that, if enacted, would amend the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination in employment, housing and access to public accommodation based on … Continue Reading

Proposed Legislation Would Require New York State Employers to Report Certain Employee Demographic Data

The New York State Senate has passed a bill that, if enacted, would require certain corporate entities to report data regarding the gender, race, and ethnicity of their employees. On March 27, 2023, an identical version of the bill was introduced in the New York State Assembly.  If enacted, the reporting requirements would take effect … Continue Reading

Reminder – NYC Employers: “Automated Employment Decision Tools Law” Will Be Enforced Starting April 15

On Friday, September 23rd, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to Local Law 144 (“the Law”), which regulates the use of “automated employment decision tools” by employers. The law was originally set to go into effect … Continue Reading

EEOC Releases Updated Guidance on ADA Requirements for Individuals with Hearing Disabilities in the Workplace

Key Takeaways Individuals with a variety of hearing conditions may have disabilities covered by the ADA. Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to perform the essential functions of the role may be permissible. Employers have a duty to provide accommodations for job applicants and … Continue Reading

Washington, D.C. Bill Would Limit Employers’ Ability to Discipline Based on Marijuana Testing

On June 7, 2022, the Council of the District of Columbia passed the Cannabis Employment Protections Act of 2022 (the “Bill”).  If signed into law by D.C. Mayor Muriel Bowser, the Bill would prohibit employers, with certain exceptions, from  “refus[ing] to hire, terminat[ing] from employment, suspend[ing], fail[ing] to promote, demot[ing], or penalize[ing] an individual” due … Continue Reading
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