On November 17, 2023, New York Governor Kathy Hochul signed a new law that further limits the terms employers may include in release agreements relating to claims of harassment, discrimination, and retaliation. The law took effect immediately and further broadens the restrictions on release agreements already contained in New York General Obligations Law Section 5-336 (“Section 5-336”).Continue Reading New York Amends Its Release Agreement Law for the Third Time
On September 15, 2023, New York Governor Kathy Hochul signed a law that made dramatic changes to the enforceability of invention assignment provisions in employment agreements and likely in related agreements including offer letters and Confidentiality, Information and Invention Assignment Agreements (CIIAAs). The law took effect immediately and adds New York to a growing list of states with laws placing limits on invention assignment provisions.Continue Reading Necessity Is the Mother of Invention – But New York Law Says Employers Better Not Take the Credit
On September 6, 2023, New York Governor Kathy Hochul signed legislation amending the New York Penal Law making wage theft a criminal larceny. Under the penal code, “[a] person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.” N.Y. Penal Law § 155.05(1). The amendment adds “compensation for labor services” to the definition of “property” applicable to larcenies. Id. § 155.00(1).Continue Reading New York Makes Wage Theft a Criminal Larceny in New Amendment to Its Penal Law
On August 4, 2023, the New York legislature introduced Senate Bill 07623 (“S07623”), which would dramatically restrict employers’ ability to use both electronic monitoring and automated employment decision-making technology in the state. As currently written, S07623 would apply to all New York employers regardless of size, including an employer’s labor contractors. While S07623 is currently being reviewed by the Rules Committee and still must work its way through the legislative process, it is expected to pass in some form. Because S07623 would create significant new obligations and restrictions for New York employers, they should take note of its requirements and track its progress.Continue Reading Rage Against the Machine: New York Bill Would Dramatically Limit Employers’ Ability to Use Electronic Monitoring and Automated Employment Decision Tools
On May 26, 2023, New York City Mayor Eric Adams signed into law an amendment to the New York City Human Rights Law (NYCHRL) that bans employment discrimination on the basis of an individual’s height and/or weight. The amendment thus further expands the comprehensive list of characteristics already protected under the NYCHRL. The law will become effective November 22, 2023.Continue Reading Beyond Appearances: New York City Enacts Legislation Prohibiting Discrimination Based on Height and/or Weight
Since 2017, New York State’s Nursing Mothers in the Workplace Act has required New York State employers to provide daily paid or unpaid break time to express milk up to three years following the birth of a child, and to provide a room for expressing milk, in privacy, close to the employee’s work location. On December 9, 2022, Governor Kathy Hochul signed legislation, effective June 7, 2023, to clarify these obligations. New York City employers will be familiar with much of these clarifications, as they generally track requirements established in New York City’s 2018 lactation accommodations law previously reported here. But the New York State law is different in several important respects. Continue Reading New York State Catches up to New York City, Expanding Accommodations for Nursing Mothers in the Workplace
On March 3, 2023, Governor Kathy Hochul signed a series of amendments to the New York Pay Transparency Law (“NYPTL”) into law. As we previously reported, the NYPTL takes effect on September 17, 2023 and will require covered employers to include the following information in advertisements for internal and external “job, promotion, or transfer opportunities”:Continue Reading New York Amends Statewide Pay Transparency Law
On December 21, 2022, Governor Kathy Hochul signed S.9427-A/A.10477 (the “New York Pay Transparency Law” or “NYPTL”), a pay transparency law that will affect most employers who do business in the state of New York. The New York Pay Transparency Law will take effect on September 18, 2023.Continue Reading Governor Hochul Signs New York Pay Transparency Bill Into Law
Last year New York state and local legislatures implemented a number of employment laws and ordinances that are set to take effect in 2023. This update summarizes these new legal requirements to help New York employers prepare for 2023.Continue Reading New Year, New Rules for Employers Doing Business in New York in 2023
UPDATE: Mayor Adams signed Int. 134 into law on May 12, 2022. It is currently effective.
On April 28, 2022, the New York City Council (the “Council”) passed Int. 134, an amendment to New York City’s Salary Transparency Law (the “Salary Transparency Law” or “STL”) that finalized a number of significant changes to its requirements. As we previously reported, the Council has been considering Int. 134 in various forms since March 24, 2022. The original version of Int. 134, which provided more significant protections for employers, failed to gain traction. Following discussions with pay equity advocates and the small business community, Int. 134’s sponsors announced modifications to Int. 134 designed to represent a compromise proposal. That version of Int. 134 passed, and will be effective immediately if signed by Mayor Eric Adams.
Continue Reading UPDATED: New York City Council Approves Amendments to Salary Transparency Law; New Date for Compliance Now November 1, Among Other Changes
On March 22, 2022, the New York City Commission on Human Rights (the “Commission”) issued its first round of guidance regarding the salary transparency law (the “Salary Transparency Law” or “STL”) currently scheduled to take effect on May 15, 2022. As we previously reported, the Law will amend the New York City Human Rights Law (“NYCHRL”) to require all New York City employers to state the minimum and maximum salary associated with an advertised internal or external “job, promotion, or transfer opportunity.”
Continue Reading New York City Issues First Round of Guidance Regarding Salary Transparency Law