On June 29, 2023, the U.S. Supreme Court issued a unanimous decision in Groff v. Dejoy, a case involving an Evangelical Christian USPS worker who sought a religious accommodation to abstain from work on Sundays. The highly anticipated decision alters nearly 50 years of federal caselaw regarding what constitutes an undue hardship sufficient to justify an employer’s denial of a request for a religious accommodation under Title VII of the Civil Rights Act of 1964 (“Title VII”). The ruling establishes a heightened standard for employers, who now must show that the burden of granting a religious accommodation would result in “substantial increased costs in relation to the conduct of its particular business” before denying an accommodation.
Read MoreAs we reported in previous alerts, New York City enacted a law imposing restrictions on NYC employers who use Automated Employment Decision Tools (“AEDTs”) to make employment decisions. The law went into effect on January 1, 2023, and enforcement began on July 5, 2023, by the NYC Department of Consumer and Worker Protection (“DCWP”). As DCWP’s enforcement obligations ramp up, the agency released an FAQ document, providing guidance on the requirements of the new law. This guidance supplements the rules implementing the law that were published by DCWP earlier this year.
Read MoreEmployers may recall that at the close of 2022, a flurry of federal and state legislation concerning the rights of nursing employees was enacted. This legislation included the federal PUMP Act, which expanded nursing employees’ access to break time and space to express breast milk under the Fair Labor Standards Act, and an amendment to the New York State Labor Law, which expanded accommodations and protections for nursing employees. The US Department of Labor and NYS Department of Labor both released guidance further clarifying the impact of the new laws.
Read MoreThe New York State Legislature has passed a bill that, if signed by Governor Hochul, would automatically seal certain criminal records after designated time periods have elapsed for those meeting eligibility requirements. The legislation would take effect one year after signing.
Read MoreThe U.S. Department of Labor’s Wage and Hour Division has issued two revised mandatory posters relating to the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave Act (“FMLA”). Employers are required to keep these notices posted in a conspicuous place in the workplace where they can be readily seen by employees and applicants.
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This month, the New York State Legislature passed a bill that, if signed into law by Governor Hochul, would ban non-compete agreements in New York. This bill is the latest of government efforts at the federal and state level to curb non-competes.
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