Law and the Workplace

Category Archives: Workplace Policies and Procedures

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Stay Tuned: Massachusetts Legislature Poised to Enact Pay Transparency Requirements

By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Massachusetts is poised to join to the growing number of states enacting pay transparency laws which, among other things, require employers to disclose minimum and maximum salary ranges for job openings. At present, the Massachusetts House of Representatives and Senate have passed largely similar pay transparency bills, with the expectation that a consolidated bill will … Continue Reading

[Podcast]: In a World Without Non-Competes

By Daryl Leon, Edna Guerrasio and Steven J. Pearlman on Posted in The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor & Employment Law Department. Along with partner Steve Pearlman, Daryl and Edna recently published an article in Legal Drive that … Continue Reading

New York City Adopts Final Rule Regarding Amendments to the Earned Safe and Sick Time Act

By Evandro Gigante, Laura Fant and Hannah Morris on Posted in Leaves of Absences, Workplace Policies and Procedures
On September 15, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) published a Final Rule adopting amendments to portions of the city’s Earned Safe and Sick Time Act (“ESSTA”).  Employers will have until October 15, 2023 to update their safe and sick leave policies and come into compliance with the Final … Continue Reading

EEOC Issues Proposed Rule for the Pregnant Workers Fairness Act

By Evandro Gigante, Arielle E. Kobetz and Theresa Madonna on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
On August 11, 2023, the EEOC issued a proposed rule regarding the Pregnant Workers Fairness Act (“PWFA”). The PWFA, which took effect on June 27, 2023 requires covered employers to provide reasonable accommodations to qualified employees or candidates with a known limitation related to pregnancy, childbirth or related medical conditions absent undue hardship. Below are … Continue Reading

[Podcast]: The New NLRB standard on Handbook Policies and Workplace Rules

By Jurate Schwartz, Joshua Fox and Laura M. Fant on Posted in The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, senior counsels Jurate Schwartz, Joshua Fox, and special employment law counsel Laura Fant discuss the new standard on personnel policies and workplace rules set forth by the National Labor Relations Board (NLRB) in its August 1, 2023 decision in Stericycle, Inc., 372 NLRB No. 113 (2023). Be sure to tune in as we discuss why employers … Continue Reading

NLRB Establishes Stricter Test for Whether Employer Policies and Work Rules Violate the NLRA

By Mark Theodore, Joshua Fox and Ryan McGill on Posted in National Labor Relations Board, Workplace Policies and Procedures
employee handbookLate summer brings picnics, hiking, and general fun. It also brings a slew of NLRB decisions as the agency’s fiscal year comes to an end on September 30. One of the more highly-anticipated decisions concerns the lawfulness of employer work rules. On August 1, 2023, the National Labor Relations Board (Board) issued a decision in Stericycle, … Continue Reading

EEOC Releases New Employer Guidance On Pregnant Workers Fairness Act

By Tony Oncidi and Ryan McGill on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
As we covered here, the Pregnant Workers Fairness Act (PWFA) is effective today! As a reminder, the PWFA extends the requirements of the ADA to employees with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The EEOC stated that they will begin accepting charges of discrimination for incidents … Continue Reading

Implications of and Open Questions Regarding the N.Y. State Legislature’s Passage of Bill Banning Non-Competes

By Joseph O’Keefe, Steven J. Pearlman, Daryl Leon, Alexandra Oxyer and Alyssa M. Cook on Posted in Non-Competes and Protection of Corporate Assets, Trade Secrets, Workplace Policies and Procedures
On June 21, 2023, the New York State Assembly passed a sweeping bill (Bill No. S03100/A1278B — An Act to Amend the Labor Law, in Relation to Prohibiting Non-Compete Agreements and Certain Restrictive Covenants) that, if it becomes law, would impose a near-total ban on new non-compete agreements within the state or otherwise governed by … Continue Reading

Update: New York State Senate Passes Another Bill With A Broad Ban on Non-Competes

By Joseph O’Keefe, Alexandra Oxyer and Alyssa M. Cook on Posted in Non-Competes and Protection of Corporate Assets, Workplace Policies and Procedures
We recently reported on New York Bill No. S03100, which, if enacted, would broadly prohibit non-competition agreements in New York. On the same day, June 7, 2023, the New York Senate also passed Bill No. S6748  (the “Bill”), which would similarly prohibit non-competes. The Bill aims to prevent monopolies, monopsonies, and restraints on trade and … Continue Reading

N.Y. State Senate Passes Ban on Non-Competes

By Joseph O’Keefe, Steven J. Pearlman, Daryl Leon, Alexandra Oxyer and Alyssa M. Cook on Posted in Non-Competes and Protection of Corporate Assets, Workplace Policies and Procedures
UPDATE: On June 20, 2023, the New York State Assembly also voted in favor of this legislation, and the Bill is now headed to Governor Hochul. If signed by Governor Hochul, New York would become the fifth state to institute a broad ban of non-compete agreements (after California, North Dakota, Oklahoma, and Minnesota). The Bill … Continue Reading

Minnesota Enacts Omnibus Jobs Bill With Major Changes For Minnesota Employers

By Steven J. Pearlman and Alexandra Oxyer on Posted in Non-Competes and Protection of Corporate Assets, Trade Secrets, Workplace Policies and Procedures
On May 24, 2023, Minnesota Governor Tim Walz signed into law the Omnibus Jobs Bill SF 3035 (the “Bill”). The Bill has significant implications for employers with employees in Minnesota and includes numerous changes to Minnesota state law, including a sweeping ban on non-compete agreements; a ban on mandatory employer-sponsored meetings; newly mandated statewide paid … Continue Reading

Employers Face New Accommodation Requirements For Nursing Mothers

By Tony Oncidi and Ryan McGill on Posted in Accessibility & Accommodation, Biden Administration Coverage, Discrimination, Harassment and Retaliation, Wage and Hour, Workplace Policies and Procedures
In our recent blog post, we highlighted legislation that will impact employers this year related to nursing and pregnant employees: the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) and the Pregnant Workers Fairness Act (the “PWFA”).  As this legislation becomes effective—with the PUMP Act taking effect on April 28, 2023 and the … Continue Reading

Illinois Legislature Passes Bill Requiring Disclosure of Pay Scales in Job Postings

By Steven J. Pearlman, Edward Young and Dakota D. Treece on Posted in Workplace Policies and Procedures
***UPDATE: Governor Pritzker signed the bill into law on August 11, 2023.*** On May 17, 2023, the Illinois legislature passed House Bill 3129 (the “Bill”), which amends the Illinois Equal Pay Act (820 ILCS 112, et. seq.) to require Illinois employers to include pay scale and benefits information in job postings and to post or … Continue Reading

Department of Labor Issues Updated FLSA and FMLA Posters

By Evandro Gigante and Laura Fant on Posted in Workplace Policies and Procedures
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

Illinois Legislature Advances Proposed Amendment to Right to Privacy in the Workplace Act

By Steven J. Pearlman, Edward Young and Dakota D. Treece on Posted in Workplace Policies and Procedures
On May 8, 2023, the Illinois legislature passed Senate Bill 1515 (the “Amendment”), which would amend the Illinois Right to Privacy in the Workplace Act (820 ILCS § 55) to mandate a specified process employers would need to follow if they choose to take an adverse employment action against an employee after receiving notice from … Continue Reading

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

By Evandro Gigante, Laura Fant and David Gobel on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
CoronovirusOn 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

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

By Evandro Gigante, Laura Fant and Ryan McGill on Posted in Performance Management, Discipline & Termination, Workplace Policies and Procedures
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?

By Evandro Gigante, Jurate Schwartz, Laura Fant, Arielle E. Kobetz and Raymond Arroyo on Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety
CoronovirusAs 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

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

By Evandro Gigante, Jurate Schwartz, Laura Fant, Arielle E. Kobetz and Hannah Morris on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

Virginia Restricts Employers’ Use Of Nondisclosure/Nondisparagement Agreements and SSNs

By Guy Brenner and Jennifer McGrew on Posted in Workplace Policies and Procedures
Virginia has enacted two new laws which will further limit employers’ use of nondisclosure and nondisparagement agreements with employees and prospective employees and will bar the use of social security numbers as employee identification numbers and on employee identification badges or cards. The new laws go into effect July 1, 2023. Restrictions on Nondisclosure, Confidentiality, … Continue Reading

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

By Allan Bloom, Evandro Gigante, Laura M. Fant and Alisha Bruce on Posted in Workplace Policies and Procedures
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

Illinois Appears Poised to Require Disclosure of Pay Scales in Job Postings

By Steven J. Pearlman and Edward Young on Posted in Workplace Policies and Procedures
HB3129 (the “Bill”), which was introduced in the Illinois House of Representatives on February 16, 2013, and passed by the Labor & Commerce Committee on February 28, 2023, would require Illinois employers to include pay scale information in job postings—or face financial consequences.  The Bill defines “pay scale” to mean the salary or hourly wage … Continue Reading

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

By Joseph O’Keefe and Alisha Bruce on Posted in Artificial Intelligence, Workplace Policies and Procedures
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

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

By Joseph O’Keefe, Edward Young and Hannah Morris on Posted in Artificial Intelligence, Workplace Policies and Procedures
As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures, we have yet to see a proliferation of litigation in this area. However, that may soon be … Continue Reading
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