Law and the Workplace
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Laura Fant

Special Employment Law Counsel

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.

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New York State Department of Labor Issues Proposed Regulations on Salary Transparency Law

On September 13, 2023, the New York State Department of Labor published proposed regulations on the state’s salary transparency statute that took effect on September 17, 2023. As we previously reported, the statute applies to covered employers who post a job, promotion, or transfer opportunity that can or will be performed, at least in part, … Continue Reading

EEOC Releases 2022-26 Strategic Plan Highlighting Agency Priorities Regarding Employment Discrimination

On August 22, 2023, the Equal Employment Opportunity Commission (“EEOC”) unveiled its four-year Strategic Plan for Fiscal Years 2022-2026 that it will use as a framework to advance its goals of preventing and remedying employment discrimination. Under the Government Performance and Results Act Modernization Act, agencies like the EEOC must develop and post a strategic … Continue Reading

EEOC Releases New Guidance on Accommodating Visually-Impaired Employees under the Americans with Disabilities Act

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document titled “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” This guidance explains how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. The new guidance is part of a Q & … 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

Proposed Regulations Issued for New Jersey Temporary Workers’ Bill of Rights Law

As previously reported, the New Jersey Temporary Workers’ Bill of Rights Law (the “Law”) took full effect on August 5, 2023. In light of this, the New Jersey Department of Labor & Workforce Development (the “Department”) has proposed new rules to implement the Law. Below are some highlights of the proposed regulations that temporary help … Continue Reading

Court Rejects Attempt to Enjoin New Jersey Temporary Worker Law From Taking Effect

A District of New Jersey court has rejected an attempt by staffing agency industry groups to enjoin the majority of the provisions of the New Jersey Temporary Workers’ Bill Of Rights Law from taking effect.  The denial by the court means that the bulk of the law’s provisions are set to take effect as scheduled … Continue Reading

DHS Rule Will Permit Remote I-9 Authorizations on a Permanent Basis

***UPDATE: The new edition of the Form I-9 has been released and can be found here.*** The United States Department of Homeland Security (“DHS”) has issued a final rule that will permit certain employers to remotely verify I-9 employment authorization documents on a permanent basis beginning August 1, 2023. Historically, employers, or their “authorized representatives,” … Continue Reading

Four Things You May Not Know About … the Family and Medical Leave Act

Welcome to the first in a series of blogs examining often overlooked or misunderstood provisions of common employment law topics.  Today we will be covering four pitfalls that employers may inadvertently encounter when navigating the federal Family & Medical Leave Act (“FMLA”). The FMLA applies, with limited exception, to employers with 50 or more employees … Continue Reading

Colorado Amends Job Posting Notice Requirements Under Equal Pay for Equal Work Act

On June 5, 2023, Colorado Governor Jared Polis signed the Ensure Equal Pay for Equal Work Act (the “Amended Act”) amending the Equal Pay for Equal Work Act. The Equal Pay for Equal Work Act, which took effect on January 1, 2021, requires employers to make reasonable efforts to provide covered employees with certain notice … Continue Reading

Department of Labor Issues Updated FLSA and FMLA Posters

The U.S. Department of Labor (DOL) has released updated posters regarding the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA).  Employers covered by these laws are required to display copies of the posters in a conspicuous place where employees and applicants for employment can see them. The FLSA Minimum Wage … Continue Reading

EEOC Issues Updated “Capstone” Guidance on COVID-19 After Declaration of End of Public Health Emergency

On May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updates to its “technical assistance” on COVID-19-related discrimination concerns in the workplace. The updated guidelines come in response to President Biden recently signing legislation that ended the COVID-19 National Emergency. EEOC Chair Charlotte A. Burrows called this installment of “the capstone to our comprehensive … 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

Employers Face New Reporting Obligations and Other Changes Under New Jersey Unemployment Compensation Law

Effective July 31, 2023, pursuant to amendments signed into law by Governor Phil Murphy, several changes will impact employer compliance with the New Jersey Unemployment Compensation law.  The increased penalties associated with these changes highlights the importance of ensuring compliance. First, there will be new reporting obligations upon the separation of an NJ employee. Existing … Continue Reading

COVID-19 and the Workplace: Where Do We Stand?

As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency.  However, the rollback of COVID-19 workplace requirements was already underway in many state and municipal legislatures, with some requirements having previously been repealed or with others scheduled to (or already having) sunset.  With this transition, employers are … Continue Reading

Florida Poised to Mandate Use of E-Verify for Private Employers

*Update: On May 10, 2023, Governor Ron DeSantis signed SB 1718 into law.* The Florida Legislature has passed a bill that, if enacted, will require private employers with 25 or more employees to use the federal E-Verify system to verify the employment eligibility of newly hired employees beginning July 1, 2023. The bill, SB 1718, … Continue Reading

New York State Releases Updated Model Sexual Harassment Prevention Policy and Training

The New York State Department of Labor (“DOL”) has released its long-awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention. As we previously reported, the DOL published proposed changes to the model policy in January of this year, and the updated policy largely mirrors those … Continue Reading

New York State Legislators Propose “Wrongful Discharge” Law

A trio of New York State Senators has proposed a bill that would create a cause of action for “wrongful discharge.”  If enacted, the “Safeguarding Employees and Accountability for Termination (SEAT) Act” would be codified in a new Article 20-D of the Labor Law and take effect 90 days after being signed into law.  The … Continue Reading

New York Employers Must Make Required Workplace Postings Available Electronically to Employees

Effectively immediately, employers in New York State are required to make digital versions of required federal and state postings available to employees. Specifically, under an amendment to Section 201 of the N.Y. Labor Law, digital versions of “all . . . documents required to be physically posted at a worksite pursuant to state law or federal … Continue Reading

UPDATED: Seattle City Council Approves First-in-the-U.S. Ban on Caste Discrimination

***UPDATE: Mayor Bruce Harrell signed the amendments into law on February 23, 2023.*** Seattle has become the first U.S. city to approve legislation amending city ordinances to prohibit discrimination on the basis of “caste,” including in the context of employment.  The proposals now go before the mayor for signature. The legislative push was largely driven … Continue Reading

Proposed Legislation Limiting Inquiries into an Applicant’s Criminal History Prior to an Offer of Employment Introduced in the New York State Legislature

On February 7, 2023, Bill No. A03726 was introduced before the New York State Assembly which, if passed, would prohibit employers from inquiring about or making statements regarding “the arrest record or conviction record of any person who is in the process of applying for employment or interviewing for employment with such employer.” This proposed … Continue Reading

UPDATED: New York State Enacts Amendments to Pay Transparency Law Taking Effect Later This Year

***UPDATE: Governor Hochul signed the amendments into law on March 3, 2023.*** The New York State Legislature has approved chapter amendments to  New York State’s pay transparency law, which is slated to take effect on September 17, 2023.  The most notable revision would provide that the law applies to remote positions physically performed outside of … Continue Reading

New York Considering Expanding NY Paid Family Leave Law to Include Fetal and Infant Bereavement Purposes

The New York State legislature is considering a bill (A.3737/S.4259) that would expand the covered reasons for leave under the New York Paid Family Leave Law (“NYPFLL”) to include fetal and infant bereavement. Currently, the NYPFLL provides eligible New York employees with up to 12 weeks of partially paid leave in a rolling 12-month period … Continue Reading

UPDATED: New Jersey Enacts Temporary Workers’ Bill Of Rights Law

***UPDATE: A District of New Jersey court has rejected an attempt by staffing agency industry groups to enjoin the majority of the provisions of the New Jersey Temporary Workers’ Bill Of Rights Law from taking effect.  As such, the law will take full effect on August 5, 2023.  New Jersey has launched a website to provide … Continue Reading

New York Issues Required Posting Regarding Veteran Benefits and Services

The New York Department of Labor has issued a required posting regarding benefits and services available to military veterans in accordance with S.1961B/A3913. The law, which took effect on January 1, 2023 and amends the NY Labor Law, requires New York employers with more than 50 full-time equivalent employees to display the poster “in a … Continue Reading
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