Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but also, as fully as possible to remedy the harmful effects on employees when employers use and apply them."

The General Counsel has proposed a 60-day period, starting from the issuance of the October 7 Memorandum, for employers to address and rectify any existing "stay-or-pay" provisions that may not align with legitimate business interests. This directive necessitates that employers quickly evaluate their current provisions in light of the new guidelines, as many restrictive covenants and "stay-or-pay" clauses are likely to violate Section 7, according to the General Counsel's criteria. More ›

Is Your Business Prepared to Comply With New York's Retail Worker Safety Act?

On September 4, 2024, Governor Kathy Hochul signed the Retail Worker Safety Act  (the "Act") into law. The Act, which takes effect on March 3, 2025, requires retail employers to develop and implement programs to prevent workplace violence. It also requires retail employers with 500 or more retail employees nationwide to install panic buttons by January 1, 2027. More ›

What Does New York City's Expanded Anti-Discrimination Protection Mean for Employers?

On May 11, 2024, a new law went into effect, amending New York City Administrative Code §§ 8-109 and 8-502. The law prohibits provisions in agreements that shorten the timeframe an employee has to file a claim for unlawful discriminatory practices, harassment, or violence under the New York City Human Rights Law ("NYCHRL").  More ›

New York State 2024-2025 Budget Impact on Employers

On April 20, 2024, New York legislators approved the New York State 2024-2025 Budget. The Budget included three amendments to New York Labor Law affecting all New York employers. More ›

Implications for New York Employers: Sarbanes-Oxley Whistleblower Protections Examined by Second Circuit

On March 1, 2024, the Second Circuit affirmed the judgment of the Southern District of New York in Brian La Belle v. Barclays Capital Inc, No. 23-448 (2d Cir. 2024). More ›

EEOC Announces Final Rule Implementing Regulations to Enforce and Clarify the Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published a Final Rule to implement regulations aimed at enforcing the Pregnant Workers Fairness Act (PWFA). More ›

New York City Enacts a Workers' Bill of Rights Notice and Posting Requirement

Starting July 1, 2024, New York City employers will be required to distribute a Workers' Bill of Rights to all their current employees and new hires on or before their first day of work. More ›

New York Expands Employer Obligations to Provide Employees with Notice of Eligibility for Unemployment Insurance Benefits

Governor Kathy Hochul signed a bill into law, effective on November 11, 2023, amending Section 590 of the New York Labor Law. More ›

The 12 Days of California Labor and Employment Series – Day 12 "New Requirement for Workplace Violence Prevention Plan"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the twelfth and final day of our holiday series, my labor and employment attorney gave to me twelve drummers drumming and SB 553. More ›

The 12 Days of California Labor and Employment Series – Day 11 "Food Handler Card Cost Shifts to Employer"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the eleventh day of the holidays, my labor and employment attorney gave to me eleven pipers piping and SB 476. More ›