As New York employers are aware, the New York Labor Law requires employers to adopt a sexual harassment prevention policy. As part of the requirement, the New York State Department of Labor (“NY DOL”) published a model policy and employers that do not adopt the model policy must ensure that the policy that they adopt meets or exceeds minimum standards outlined by the NY DOL. The law requires that this model policy be evaluated and updated as needed every four years. On January 12, 2023, the NY DOL published a proposed model sexual harassment prevention policy, which revises the current model policy based on feedback received from workers, employers and other stakeholders during a public hearing. The proposed model policy is available for review and final feedback during a 30-day comment period ending February 11, 2023.
Read MoreAt the close of 2022, several expansions to the protections provided for nursing and pregnant employees in the workplace were enacted on the state and federal level. There are already several state and local laws in place that are more generous, in certain ways, than these expansions, but employers should still be aware of these updates to ensure compliance with all applicable legal requirements, particularly with regard to enhanced accommodations for pregnancy, childbirth and related medical conditions.
Read MoreThe New York State Human Rights Law has long prohibited employment discrimination against individuals on the basis of certain protected characteristics, including, among others, race, age, national origin, and disability. Effective December 23, 2022, the New York State Human Rights Law also prohibits discrimination in employment on the basis of citizenship or immigration status.
Read MoreOn November 21, 2022, Governor Hochul signed a bill amending Section 215 of the New York Labor Law, expanding employee protections by prohibiting discrimination, retaliation, and other adverse employment actions on the basis of an employee’s use of a legally protected absence pursuant to federal, state, or local law.
Read MoreLast week, the Federal Trade Commission (FTC), issued a Proposed Rule that, if finalized, would broadly prohibit U.S. employers from using non-compete agreements. While many states have previously enacted legislation prohibiting or limiting non-compete agreements to some degree, the Proposed Rule is notable for its national scope and severe limitations.
Read MoreAs New York employers are aware, the New York Labor Law requires that employers display posters issued by the New York Department of Labor in a conspicuous place on each floor of the workplace. Required posters cover topics including, among others, minimum wage, protections against discrimination, and workers’ compensation benefits. Various Federal agencies also require that posters describing employee rights under Federal law be posted in the workplace. Effective December 16, 2022, employers must now also provide required workplace posters electronically, by posting them on the employer’s website or emailing them to employees.
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