Since 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.
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.
Read MoreOn February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in McLaren Macomb 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”). Section 7 of the Act provides non-managerial employees the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, such as by discussing the terms and conditions of employment with others. Not only did the Board find the broad confidentiality and non-disparagement clauses unlawful due to their infringement on Section 7 rights, but it also held that simply offering an employee a severance agreement with this overbroad language was unlawful, even if the employee does not sign the agreement. And while the employees in McLaren Macomb were unionized, employers are reminded that all non-managerial and non-supervisory employees, not just those working in unionized environments, have Section 7 rights.
Read More