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
Wolfram Ott is a law clerk in the firm's New York office.
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
The New Year will usher in several new employment laws in New Jersey. This update summarizes these new legal requirements to help New Jersey employers prepare for 2023.Continue Reading New Year, New Rules for Employers Doing Business in New Jersey 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