Law and the Workplace
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Arielle E. Kobetz

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.

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New York State Releases Proposed Changes to Model Sexual Harassment Prevention Policy

On January 12, 2023 the New York State Department of Labor (“DOL”) issued an updated Proposed Sexual Harassment Prevention Model Policy which, among other things, addresses remote work, gender identity and bystander intervention methods.  The public has 30 days (until February 11) to comment on the proposed revisions prior to a final version being adopted. … Continue Reading

2022 Labor & Employment Year in Review … and Looking Ahead to 2023

There is no doubt that 2022 was an eventful year in employment law. In this post, we review some key developments from the prior year that employers should be aware of and hot topics to watch out for as we move forward into 2023. Salary and Pay Transparency The trend of enacting salary and pay … Continue Reading

Employers, Are Your Leave Policies Ready to Ring in 2023?

With the arrival of the new year comes the effective date of many new leave laws (and expansion of existing leave laws) across the United States. Below we summarize family and sick leave laws that will take effect across various states in 2023. California California employers will see two main changes to leave laws in … Continue Reading

Philadelphia Commuter Transit Benefits Coming Soon

Effective December 31, 2022, the Philadelphia, Pennsylvania Employer Commuter Transit Benefit Program requires covered employers to make available for all covered employees a mass transit and bicycle commuter benefits program. For purposes of the law, covered employers are those that employ fifty or more covered employees, which are defined as any person who performs an … Continue Reading

Looking Ahead to 2023: Pay Transparency Developments

As we previously reported, as of November 1, 2022, New York City’s salary transparency law requires covered employers who advertise or post a job, promotion, or transfer opportunity for a role that can or will be performed, at least in part, in NYC to disclose in such advertisement of posting the minimum and maximum annual … Continue Reading

New York State Expands Workplace Protections for Nursing Employees

New York Governor Kathy Hochul signed into law an amendment to the NY State Labor Law that will expand workplace protections for nursing employees, effective June 7, 2023. The new law builds upon already-existing requirements under the Labor Law to provide reasonable unpaid break time (or permit employees to use paid break time) to express … Continue Reading

Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful

On October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in the workplace is unlawful. The case is State of Texas v. EEOC, Case No. 2:21-cv-00194-Z. Background As we previously reported, on June 15, 2020, … Continue Reading

New York City to End Private Employee COVID-19 Vaccine Mandate

New York City Mayor Eric Adams has announced that the City’s private employee COVID-19 vaccine mandate will be lifted effective November 1, 2022. As we previously reported, the NYC mandate requires all private workers in New York City who perform in-person work or interact with the public to show proof they have received at least … Continue Reading

New York State’s Workplace Sexual Harassment Complaint Hotline is Live

On July 19, 2022, New York State Governor Kathy Hochul announced the launch of the state’s confidential hotline for complaints of workplace sexual harassment. As we previously reported, S812A (enacted in March 2022) establishes a toll-free confidential hotline, administered by the New York State Department of Human Rights (NYSDHR), “to provide individuals with complaints of workplace … Continue Reading

UPDATED: New York State Enacts Law That Prohibits No Fault Attendance Policies

***UPDATE: Governor Hochul signed the bill into law on November 21, 2022.  It takes effect on February 19, 2023.*** The New York State legislature recently passed a bill (Senate Bill S1958A) that, if and when enacted into law, would amend the New York Labor Law to clarify that employers who maintain “no fault” or absence … Continue Reading

Massachusetts COVID-19 Emergency Paid Sick Leave Program to End March 15, 2022

The Massachusetts Department of Unemployment Insurance has announced that the Massachusetts COVID-19 Emergency Paid Sick Leave (“MEPSL”) will expire on March 15, 2022, and employers have until April 29, 2022 to file their applications for reimbursements. This means employees may continue to take leave under the program through March 15th, but employers then have until … Continue Reading

DC Enacts Vaccine Mandate For Certain Indoor Establishments

***UPDATE: beginning February 15, 2022, indoor venues will no longer be required to verify that patrons are vaccinated (though businesses may choose to keep vaccination requirements in place). Additional information is available here.*** Starting January 15, 2022, DC will require the following establishments to verify that their guests, visitors and consumers ages 12 and older … Continue Reading

Philadelphia Enacts Ordinance to Prohibit Pre-Employment Marijuana Testing

Effective January 1, 2022, Phila. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the ordinance makes it an unlawful employment practice for an employer, labor organization, or employment agency (or agent thereof) to require prospective employees to submit to testing for the … Continue Reading

More Whiplash — DC Brings Back Mask Mandate and Encourages Vaccine Mandates

Effective December 21, 2021, through at least January 31, 2022, DC law requires that all individuals wear masks in indoor public spaces, regardless of vaccination status. As we previously reported, just last month DC Mayor Muriel Bowser significantly scaled back the District’s indoor mask mandate, which had required masks in all indoor public places since … Continue Reading

New York City Enacts Law to Regulate Use of Automated Hiring Tools

Over the past decade many employers have adopted Artificial Intelligence driven tools to automate various aspects of the workplace, including the recruiting and hiring process.  These tools have come under scrutiny by federal, state and local governments based on research that has suggested the possibility of bias or discrimination arising from the widespread use of … Continue Reading

DC Enacts (Another) COVID-19 Emergency Leave Law

***UPDATE: the Emergency Act has been extended through at least May 4, 2022.*** DC Mayor Muriel Bowser signed into law the COVID Vaccination Leave Emergency Amendment Act of 2021 (“Emergency Act”), which requires employers to provide paid leave to employees and their children for time spent obtaining and, if needed, recovering from side effects of … Continue Reading

DC Announces End to Indoor Mask Mandate

DC Mayor Muriel Bowser announced that on November 22, 2021, the District’s indoor mask mandate – one of, if not the most restrictive mask mandate – will be significantly scaled back. The current mandate, which went into effect on July 31, 2021, requires masks in all indoor public places for all individuals over age two, … Continue Reading

New York State Enacts Phone, Email, and Internet Monitoring Notice Law for Private Employers

New York Governor Kathy Hochul has signed into law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. The law, which takes effect on May 7, 2022, will require all private employers, regardless of size, with a place of business in New … Continue Reading

New York Paid Family Leave Law Amended to Allow Leave to Care for Siblings

New York Governor Kathy Hochul signed into law an amendment to the New York Paid Family Leave Law (NYPFLL), which will allow employees to take leave to care for siblings with a serious health condition. In effect since 2018, the NYPFLL provides a phased-in system of paid, job protected leave for eligible employees: (i) to … Continue Reading

New York State Issues Updated Guidance On HERO Act

On September 30, 2021, the New York State Department of Labor (“NYSDOL”) released an updated set of frequently asked questions on the HERO Act. As we previously reported, the HERO Act requires all employers in New York to implement certain safety standards and adopt a prevention plan to protect against the spread of airborne infectious … Continue Reading

OSHA To Issue Emergency Temporary Standard Requiring Large Employers to Mandate Vaccination or Weekly Testing for Employees

On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require unvaccinated workers to provide a negative COVID-19 test result at least … Continue Reading

New York State Issues HERO Act Prevention Standard and Model Plans

On July 6, 2021, the New York State Department of Labor published multiple model documents related to the implementation of the New York HERO Act (the “Act”), which, as we previous reported, requires all employers in New York to adopt a prevention plan to protect against the spread of airborne infectious diseases in the workplace. … Continue Reading
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