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Sean Kirby is a partner in the Labor and Employment Practice Group in the firm's New York Office.

On December 19, 2022, the New Jersey Legislature passed a bill that, if signed by Governor Phil Murphy, would amend the effective date of amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN”) that were originally passed in January of 2020. Those amendments were previously paused as a result of the COVID-19 pandemic, and under that pause would take effect 90 days after Governor Murphy’s Executive Order No. 103 expired. Because Executive Order No. 103 remains in effect, without any indication of when it may expire, the New Jersey Legislature passed this bill to set an effective date of such NJ WARN amendments.

Continue Reading New Jersey Legislature Passes Bill to Set the Effective Date of Amendments to the New Jersey WARN Act

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

On March 18, 2022, the Department of Justice (“DOJ”) issued “Web Accessibility Guidance” for state and local governments and public accommodations under Titles II and III of the Americans with Disabilities Act (“ADA”) (the “Guidance”). The Guidance, however, does not offer any new insights from the DOJ on the issue of website accessibility for state and local governments and public accommodations, and does not provide any specific technical standards for compliance. Instead, as the DOJ explained in the accompanying press release, the Guidance is merely intended to “offer[] plain language and user-friendly explanations to ensure that it can be followed by people without a legal or technical background.”

Continue Reading The Department of Justice Issues “Web Accessibility Guidance”

On December 6, 2021, New York City Mayor Bill de Blasio announced a vaccine mandate which requires that all private sector employees who work in a workplace in the presence of another worker, or who interact with a member of the public, be vaccinated by December 27, 2021.  The mandate applies to approximately 184,000 businesses in the City.  It extends a vaccine mandate to those employees who were not previously covered by the “Key to NYC” vaccination requirements.  Accordingly, private sector employees who report to work in person or interact with the public will need to be vaccinated by December 27.

Continue Reading New York City Requires Private Sector Employees to Be Vaccinated by December 27

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

In an effort to combat the recent rise in COVID-19 cases in New Jersey, on October 28, 2020 Governor Murphy signed Executive Order 192 (the “Order”), mandating health and safety standards to protect New Jersey’s workers during the pandemic.  Effective November 5, 2020, the Order requires every business, non-profit and governmental or educational entity to implement certain protocols to protect employees, customers, and all others who come into physical contact with its operations. Key takeaways are summarized below.
Continue Reading New Jersey Governor Murphy Orders New COVID-19 Workplace Protocols

At the beginning of this year, New Jersey Governor Phil Murphy signed a package of legislation aimed at protecting the rights of workers who have been misclassified as independent contractors.  One of these new laws, Assembly Bill 5843, requires employers to post notices regarding employee misclassification.  The New Jersey Department of Labor and Workforce Development has now published the required posting in two different sizes (11 x 17 and 8.5 x 11).
Continue Reading New Jersey Department of Labor Releases Posters for Employers to Utilize to Satisfy Employee Misclassification Posting Requirements

On April 14th New Jersey Governor Phil Murphy signed Senate Bill 2353 into law. The law delays the application date of the New Jersey WARN amendments passed earlier this year and removes mass layoffs due to COVID-19 from coverage under the statute.
Continue Reading New Jersey Gives Employers a Break on New WARN Requirements Due to COVID-19