ATTENTION EMPLOYERS: HERE IS WHAT YOU SHOULD KNOW ABOUT THE EEOC’S UPDATED GUIDANCE FOR NAVIGATING COVID-19 ISSUES IN THE WORKPLACE
By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq. On May 15, 2023, just six days after the expiration of the COVID-19 Public Health Emergency (“PHE”), the Equal Employment Opportunity Commission (“EEOC”) released an update to its COVID-19-related Technical Assistance publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and […]
ATTENTION NEW YORK EMPLOYERS: NEW YORK CITY COUNCIL PASSES BILL PROHIBITING DISCRIMINATION BASED ON HEIGHT & WEIGHT
By Catherine I. R. Pontoriero, Esq. *UPDATE – On May 26, 2023, New York City Mayor Eric Adams signed bill 2023/061 prohibiting discrimination based on a person’s actual or perceived height or weight in employment, public accommodations, and housing. The law will go into effect on November 22, 2023. On May 11, 2023, the New […]
ATTENTION NEW YORK EMPLOYERS: NEW YORK ATTORNEY GENERAL RELEASES GUIDE FOR BUSINESSES ON DATA SECURITY PROTECTION UNDER THE NY SHIELD ACT
By Melanie M. Ghaw, Esq. On April 19, 2023, New York State Attorney General Letitia James (“NYAG”) released a guide (“Guide”), available HERE, to help businesses strengthen their data security programs as required by New York’s Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”). The SHIELD Act was enacted on March 21, 2020, to […]
ATTENTION EMPLOYERS: REVISED FMLA POSTER PUBLISHED BY THE U.S. DEPARTMENT OF LABOR
By Melanie M. Ghaw, Esq. In April 2023, the U.S. Department of Labor published a revised Family and Medical Leave Act (“FMLA”) poster, available HERE. Aside from the change in color, there are no substantive revisions to the poster. Accordingly, the April 2016 and February 2013 versions of the poster still fulfill the posting requirements, although it […]
ATTENTION NEW YORK EMPLOYERS: DO YOUR SEXUAL HARASSMENT POLICY AND TRAINING MATERIALS COMPLY WITH NEW STATE MODELS?
By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq. Since October 2018, all employers of New York employees have been required, on at least an annual basis, to establish and distribute a workplace sexual harassment prevention policy and provide training to employees that meet or exceed the minimum standards established by the State. In October […]
ATTENTION EMPLOYERS: ELEVEN JURISDICTIONS REQUIRE WORKPLACE HARASSMENT TRAINING – IS YOUR ONE OF THEM?
As recently showcased during NFC’s webinar on this topic, currently, ELEVEN jurisdictions – California, Connecticut, Delaware, Illinois, Maine, New York, Chicago, New York City, and Washington, DC, Virginia, and Washington State – require employers to train employees on sexual harassment and other types of workplace harassment and discrimination, up from only seven in 2019. Direct […]
ATTENTION EMPLOYERS: NLRB PROVIDES ADDITIONAL GUIDANCE REGARDING EMPLOYERS’ USE OF CONFIDENTIALITY AND NON-DISPARAGEMENT PROVISIONS
By Catherine Williams, Esq. On March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB) issued a guidance memorandum clarifying the NLRB’s position on a number of issues employers have grappled with in the wake of the NLRB’s February 2023 McLaren Macomb decision, which addressed the permissible scope of confidentiality and non-disparagement […]
ATTENTION NEW YORK EMPLOYERS: IMPORTANT UPDATE ON NEW YORK’S PAY TRANSPARENCY AND BACKGROUND CHECK LAWS
By Catherine Williams, Esq. New York employers should be aware that Governor Hochul has recently signed an amendment clarifying New York State’s new pay transparency law, which is scheduled to go into effect in September 2023. New York State’s new pay transparency law, Bill No. S9427A, is codified at New York Labor Law § 194-B. It […]
ATTENTION ALL EMPLOYERS: DOL ISSUES NEW GUIDANCE FOR REMOTE WORKERS AND FOR INTERMITTENT USE OF FMLA LEAVE
By Catherine Williams, Esq. In February 2023, the federal Department of Labor (DOL) issued a new Field Assistance Bulletin providing guidance as to how the DOL will interpret certain provisions of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) with respect to employees working remotely from home. The DOL also issued […]
ATTENTION ALL EMPLOYERS: NLRB DECISION REGARDING CONFIDENTIALITY AND NON-DISPARAGEMENT PROVISIONS
Catherine Williams, Esq. On February 21, the National Labor Relations Board (NLRB) issued a decision, McLaren Macomb, 372 NLRB No. 58, making it more difficult for employers to include confidentiality and non-disparagement provisions in agreements with employees who are protected by Section 7 of the National Labor Relations Act (NLRA). Overview of McLaren decision In […]