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Wolfram Ott

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

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As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policies, and shifting toward increasingly more pro-union and pro-employee policies. These efforts have not been slowed by the impending end of the Biden administration. On December 10, 2024, the NLRB overruled a Trump-era Board decision and returned to an employee- and union-friendly standard for determining when unilateral workplace changes made by an employer are unlawful.Continue Reading NLRB Returns to Union-Friendly “Clear and Unmistakable Waiver” Standard

As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and pro-employee policies. On August 22, 2024, the Board continued that push. This time taking steps to significantly impede the ability of employers to avoid unfair labor practice (“ULP”) charges without resorting to litigation. Continue Reading NLRB Will No Longer Approve Employer Proposed Consent Orders

On November 2, 2023, the New York City Council passed a bill[1] requiring the New York City Department of Consumer and Worker Protection (“DCWP”), in coordination with the Mayor’s Office of Immigrant Affairs (“MOIA”), the New York City Commission on Human Rights (“NYCCHR”), and community and labor organizations, to create and publish a workers’ bill of rights.Continue Reading New York City Employers Must Display Workers’ Bill of Rights Poster Beginning July 1, 2024

On March 8, 2024, a federal judge in the United States District Court for the Eastern District of Texas dealt a serious blow to the National Labor Relations Board’s (the “Board”) efforts to further increase the reach of the National Labor Relations Act (“the NLRA”). Judge J. Campbell Barker struck down a final rule issued by the Board that would have drastically broadened the standard the Board applies to determine when employers are joint-employers for the purposes of federal labor law. The blow was delivered three days before the rule was set to take effect on March 11, 2024 following a 14-day stay order also issued by Judge Barker. Continue Reading Federal Judge’s Decision Deals Serious Blow to NLRB’s Joint Employer Rule and Continued Efforts to Expand Who Constitutes an Employer Under the NLRA

Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed unfair labor practices (“ULP”). The shift toward an employee-friendly enforcement scheme has continued with GC Jennifer Abruzzo’s latest memorandum, issued on April 8, 2024, wherein the GC stated her desire to expand the availability of remedies for violations of labor law to even those employees who did not file, or are not identified in, ULP charges. Continue Reading NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

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 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 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