On December 9, 2022, Governor Kathy Hochul signed a bill into law expanding nursing mothers’ rights at work. The new law (SB 4844B) will take effect June 7, 2023 and amends New York Labor Law § 206-c which only requires employers to give reasonable break times and make reasonable efforts to provide a private area […]
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Recent SDNY Case Highlights the Broad Protections that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Provides to Victims
A recent decision in the action Teyo Johnson v. Everyrealm, Inc., et al. before the Southern District of New York demonstrates that broad protections victims are afforded under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”). The EFAA makes a pre-dispute arbitration agreement invalid and unenforceable in connection with a case […]
New York Paid Family Leave Law Expanded to Include Siblings
As of January 1, 2023, the New York Paid Family Leave Law (the “NYPFLL”) expanded its protections to allow eligible employees to take paid time off to care for their siblings. Previously, the NYPFLL only allowed employees to take paid time off to care for spouses and domestic partners (of any gender), children, parents, parents-in-law, […]
UPDATE: Supreme Court Holds That Highly Compensated Employee Is Entitled to Overtime Pay
As previously discussed here, the U.S. Supreme Court heard argument a few months ago in Helix Energy Solutions Group Inc. v. Hewitt, one of the more notable employment law cases headlining the Court’s October 2022 Term. The Court recently ruled in favor of Hewitt, finding that he is entitled to overtime compensation despite being paid […]
Recent EEOC Religious Discrimination Settlement
U.S. Equal Employment Opportunity Commission (EEOC) announced that United Airlines agreed to pay $305,000 to a Buddhist pilot as well as provide other relief. In the lawsuit, the pilot claims that United Airlines refused to accommodate his religious request. The pilot was diagnosed with alcohol dependency and lost his medical certificate issued by the Federal […]
Amendments to New Jersey’s WARN Act Expanding Employee Protections to Take Effect in April 2023
Almost three years after signing into law legislation significantly amending New Jersey’s analog to the federal Worker Adjustment and Retraining Notification Act (“WARN Act”) —officially titled the Millville Dallas Airmotive Plant Job Loss Notification Act (the “NJ WARN Act”)—Governor Phil Murphy signed Assembly Bill No. 4768 on January 10, 2023, thereby permitting the far-reaching amendments […]
Mass Layoffs are Sometimes Used to Justify Unlawful Discrimination or Retaliation
In recent weeks, tens of thousands of employees have been fired in mass layoffs, including employees at Google, Microsoft, Amazon, and other tech companies. With speculation of a looming recession, many more workers may be laid off in the coming weeks and months. While employers claim that layoffs are necessary to cut costs, layoffs may […]
Federal Trade Commission Proposes Nationwide Ban on Non-Compete Agreements
On July 9, 2021, Present Biden issued an executive order insisting upon aggressive enforcement of antitrust laws. In the order, the White House specifically targeted non-compete agreements and urged both the Federal Trade Commission (“FTC”) and Department of Justice to ban or at least limit their use. In recent years, roughly half of states have […]
New York State Amends the Nursing Mothers in the Workplace Act to Provide Important Protections to Nursing Employees
On December 7, 2022, New York State expanded protections afforded to working mothers by amending the Nursing Mothers in the Workplace Act (“NMWA”). Specifically, the updated NMWA now requires employers to (i) provide reasonable breaks to allow an employee to express breast milk each time the employee has a reasonable need to express milk for […]
New York Passes Legislation Prohibiting Retaliation against Workers for Taking Legally Protected Time Off
As has been widely discussed of late, Congress recently passed legislation imposing tentative contract agreements on unionized rail workers after it appeared that a strike blocking the deal was imminent. While reporting on this issue has largely focused on the aversion of a strike that would have likely crippled the U.S. supply chain during a […]
U.S. House of Representatives Passes Bill to Ensure Equal Pay For All U.S. Athletes Engaged in International Competition
On December 21, 2022, the House of Representatives passed the Equal Pay for Team U.S.A. Act which will require all athletes, regardless of gender, representing the United States in international competition to be given equal pay and benefits in their sport. The Act stems from the U.S. women’s soccer team’s recent legal battle with the […]
The Speak Out Act Prohibits Employers from Silencing Employees with Pre-Dispute Non-Disclosure and Non-Disparagement Agreements
If passed into law, the Speak Out Act would prohibit the enforceability of a pre-dispute non-disclosure or non-disparagement agreement in a sexual assault or sexual harassment dispute involving conduct that allegedly violates federal, tribal, or State law. For employees, the Speak Out Act would permit them to discuss any sexual assault or sexual harassment they […]
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