Photo of Jamie Moelis

Jamie Moelis

Subscribe to Jamie Moelis's Posts

Jamie Moelis is an associate in the Labor and Employment Practice Group in the firm's New York office.

Contact:Read more about Jamie Moelis

Beginning on January 1, 2025, all New York employers will be required to provide eligible employees with 20 hours of paid prenatal leave (“Paid Prenatal Leave”) during any 52-week period for health care services during or related to their pregnancy. The law was initially passed in May 2024 by Governor Kathy Hochul, and amends New York Labor Law § 196-b, the state’s Paid Sick and Safe Leave law. On December 2, 2024, the New York Department of Labor (“NYDOL”) released a long-awaited series of FAQs (the “FAQs”) clarifying a number of outstanding questions regarding the law’s application. The law is the first of its kind in the United States, and provides paid, protected leave for pregnant employees separate and apart from other available leave options. Key highlights of the Paid Prenatal Leave law are summarized below.Continue Reading New York Paid Prenatal Leave Begins Next Year – What Employers Need to Know

Effective as of March 20, 2024, New York City law permits “any person” to initiate a private right of action for violations of the Earned Safe and Sick Time Act (“ESSTA”). The new law amends Section 20-924 of the New York City Administrative Code and allows employees to file a lawsuit alleging a violation of ESSTA within two years of the date the employee knew or should have known about the alleged violation.Continue Reading NYC Permits Private Right of Action for Earned Safe and Sick Time Violations

On September 6, 2023, New York Governor Kathy Hochul signed a law that prohibits employers from requiring employees to attend employer-sponsored meetings the “primary purpose” of which is to communicate the employer’s opinions on religious or political matters, including relating to joining a labor organization. The law became effective immediately, and is another step in the small, but growing number of states, that are campaigning against so-called “captive audience” meetings. Continue Reading New York State Bans Employers from Holding Mandatory “Captive Audience” Meetings

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

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial intelligence in hiring and employment decisions.  Produced in connection with the EEOC’s launch of its Initiative on Artificial Intelligence and Algorithmic Fairness in October 2021, the EEOC’s latest guidance reflects its goal of ensuring that employers utilizing technology in hiring and employment decisions are complying with federal civil rights laws.  Notably, the guidance was issued a few days after the EEOC filed a complaint against a software company alleging age discrimination, potentially signaling similar actions related to the use of artificial intelligence in the employment context.  Below are some key takeaways on the new guidance.Continue Reading EEOC Issues Guidance Regarding How Employer Software and Artificial Intelligence May Discriminate Against Individuals With Disabilities

On November 8, 2021, New York Governor Kathy Hochul signed a bill into law (the “Law”) that will require employers to provide written notice to employees before engaging in electronic monitoring of telephone, email, and internet access or usage.  The Law will take effect on May 7, 2022.  Key takeaways are summarized below.
Continue Reading New York State Employers to Require Transparency in Electronic Monitoring

Since taking office, New Jersey Governor Phil Murphy has prioritized eliminating misclassification of employees as independent contractors.  In furtherance of this goal, on July 8, 2021, Governor Murphy signed four bills into law which make it easier for the state to (i) identify employers who misclassify employees as independent contractors, and (ii) penalize employers for such misclassification.  Highlights from each of these four laws are summarized below:
Continue Reading New Laws Passed in New Jersey Designed to Identify and Penalize Employers Who Misclassify Employees as Independent Contractors

On May 5, 2021, the U.S. Department of Labor (“DOL”) announced it is officially withdrawing, effective May 6, 2021, the rule promulgated under the Trump administration addressing the standard to determine whether an individual is properly classified as an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”).  The rule, which was rolled out two weeks before the end of President Trump’s term, was initially scheduled to take effect on March 8, 2021 but was delayed by President Biden until May 7, 2021.
Continue Reading U.S. Department of Labor Announces Withdrawal of Trump-Era Independent Contractor Rule

On March 31, 2021, New York Governor Andrew Cuomo signed the Marihuana Regulation and Taxation Act (the “MRTA”) into law, making New York the latest state to legalize recreational marijuana.  The MRTA allows adults aged 21 and older to possess, purchase, display, obtain, and transport marijuana in limited quantities.  The MRTA takes effect immediately, although the sale of recreational-use marijuana is not expected to become legal for at least another year.  The legalization of marijuana will have significant effects on many aspects of society in New York, including in the workplace.
Continue Reading New York State Legalizes Recreational Marijuana: What Employers Need to Know

On January 6, 2021, a bipartisan group of New York State lawmakers introduced Assembly Bill 27, the latest version of proposed privacy legislation that would allow consumers to sue companies for improperly using or retaining their biometric data. Better known as the Biometric Privacy Act (the “BPA”), the bill, if enacted, would impose significant compliance requirements for companies handling biometric data. The BPA would make New York State only the second state with a private right of action that includes statutory damages against entities that improperly use or retain biometric data. If the BPA is signed into law, it would likely bring a flood of class action litigation, similar to that seen in Illinois under Illinois’ Biometric Information Privacy Act (the “Illinois BIPA”).
Continue Reading New York Proposes Biometric Privacy Act With Private Right of Action

On January 7, 2021, the U.S. Department of Labor (“DOL”) announced its final rule (the “Final Rule”) setting the standard to determine whether an individual is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). The employee versus independent contractor debate has garnered significant attention over the years as more workers desire the flexibility that comes with contractor status. While the Final Rule – the DOL’s first codification of the independent contractor test – offers businesses, workers, regulators, and courts predictable guidance, it is unlikely to remain in its current form since it does not take effect until over one month after President-elect Biden takes office. Nonetheless, employers and businesses should understand the import of the Final Rule and continue to monitor federal and state law developments on this important topic.
Continue Reading U.S. Department of Labor Finalizes New Rule Setting Forth Test to Assess Employment Versus Contractor Status; But Will It Survive Under the Biden Administration?