NYS Employers May Soon be Required to Include Salary Range and Job Description in Job Postings

As employers will recall, earlier this year, New York City enacted a law requiring employers to include the minimum and maximum salary in job postings, effective November 1, 2022. Last week, the New York State Senate passed a bill that, if enacted, would impose similar obligations on New York State employers. The bill is currently awaiting the Governor’s signature.

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NYC Commission on Human Rights Issues Guidance on Salary Transparency Law; NYC Introduces Amendments to the Law

As employers will recall, as of May 15, 2022, New York City employers will be required to include the minimum and maximum salary in job postings. The law as enacted presents several open questions. However, last week, the NYC Commission on Human Rights (the “Commission”) issued a factsheet addressing some of those questions. In addition, as described below, the New York City Council recently proposed a bill that, if enacted, would extend the effective date of the law to November 1, 2022.

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Governor Hochul Signs Three Bills Addressing Workplace Harassment And Discrimination

On March 16, 2022, New York Governor Kathy Hochul signed three pieces of legislation that address workplace harassment and discrimination. The first bill establishes a toll free confidential hotline for complainants of workplace sexual harassment; the second bill prohibits the release of personnel records as a retaliatory action against employees; and the third bill makes all state and public employers subject to the NYS Human Rights Law (“NYSHRL”).

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HERO Act COVID Designation Expires

Since September 2021, COVID-19 has been designated as a highly contagious airborne infectious disease that presents a serious risk of harm to the public health pursuant to the New York State HERO Act. This designation finally expired on March 17, 2022. As such, employers are no longer required to implement and effectuate their workplace safety plans and related measures, such as workplace screening and distancing protocols.

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President Biden Signs Bill Prohibiting Forced Arbitration of Disputes Involving Sexual Assault and Harassment

On March 3, 2022, President Biden signed a bill that prohibits the forced arbitration of disputes involving sexual assault and harassment. The bill amends the Federal Arbitration Act so that predispute arbitration agreements and predispute class action waivers are no longer valid and enforceable in cases filed under federal, tribal, or state law that relate to a sexual harassment or sexual assault dispute.

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