On May 11, 2023, the New York City Council approved an ordinance that would amend the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination against individuals based on their actual or perceived height and weight. It is expected that Mayor Adams will sign this ordinance.
Read MoreSince March of 2020, U.S. Immigration and Customs Enforcement (ICE) has allowed remote inspection of identification and work authorization documents related to I-9 Forms for employees working exclusively in remote settings due to COVID-19–related precautions. Specifically, employers could remotely inspect I-9 documents via video link, fax, or email. On May 4, 2023, ICE announced that these temporary flexibilities would be coming to an end and that starting July 31, 2023, employers are once again required to inspect all I-9 documentation in person. Additionally, by August 30, 2023, employers must complete in-person physical document inspections for employees whose I-9 documents were inspected remotely.
Read MoreSince October 2018, all employers with one employee in New York have been required to implement a sexual harassment policy and ensure employees go through an annual training. Both the policy and the training must meet certain minimum standards, and the state has developed a model policy and model training that employers may, but are not required to, use to meet their obligations under the law. We previously reported that the New York State Department of Labor (“NY DOL”) proposed revisions to the state’s model sexual harassment policy. On April 11, 2023, New York Governor Kathy Hochul announced the publication of the final updated versions of the model policy and model training materials.
Read MoreEmployers may recall that the National Labor Relations Board (“NLRB” or the “Board”) recently issued a decision restricting the ability of employers to include broad non-disparagement and confidentiality clauses in severance agreements if such clauses have a reasonable tendency to interfere with, restrain, or coerce employees in the exercise of their rights under Section 7 of the National Labor Relations Act (“NLRA” or the “Act”). Late last month, NLRB General Counsel (“GC”) Jennifer Abruzzo issued Memorandum GC 23-05 (the “Memorandum”), detailing how her office is approaching common questions related to the decision.
Read MoreAs we reported in a prior alert, New York City enacted a law imposing restrictions on NYC employers who use automated employment decision tools (“AEDT”) that use machine learning, data analytics, and other artificial intelligence tools to make employment decisions. Last week, the NYC Department of Consumer and Worker Protection (“DCWP”) published final rules implementing the law. The Department also delayed enforcement of the law until July 5, 2023.
Read MoreOn February 24, 2023, the District Court for the Southern District of New York issued decisions in Johnson v. Everyrealm, Inc. and Yost v. Everyrealm, Inc., with broad implications for the enforceability of arbitration agreements when plaintiffs allege that they have been subjected to sexual harassment.
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