Employers 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.
Read MoreAs we previously reported, New York State enacted a pay transparency law requiring employers to include in each job advertisement the range of compensation for the role and a job description for the role, if such description exists. The law goes into effect on September 17, 2023. Recently, New York State enacted amendments to the law that both expand and narrow the geographic scope of the law.
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