Legislative Updates

New York Governor Hochul Vetoes Bill That Would Ban Non-Compete Agreements On November 30, 2023, Governor Kathy Hochul announced that she would not be signing proposed legislation that would prohibit employee non-compete agreements in New York. As we previously reported, on June 7, 2023, the New York State Senate passed Bill No. S03100 (the “Bill”), which would amend the New York Labor Law to ban the...

Reminder: New York City Legislation Prohibiting Discrimination on the Basis of Height and Weight Effective November 22, 2023 As previously reported, New York City passed legislation amending the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination on the basis of height and weight.  The law became effective November 22, 2023. The new law amends the NYCHRL to include height and weight...

New York Enacts Law Prohibiting Liquidated Damages for Violation of Non-Disclosure Agreements in Settlements of Discrimination and Harassment Claims On November 17, 2023, New York Governor Kathy Hochul signed legislation that affects settlement agreements between employers and employees that resolve claims of discrimination, harassment and retaliation. The law invalidates a release of claims in any future...

NY State Extends Statute of Limitations for Unlawful Discriminatory Practices to Three Years On November 17, 2023, Governor Kathy Hochul signed legislation that extends the statute of limitations for claims resulting from unlawful discriminatory practices from one to three years. As you may recall, starting on August 12, 2020, the statute of limitations for filing a sexual harassment complaint in New York...

On October 30, 2023, President Biden signed the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (hereinafter the “Executive Order”), addressing artificial intelligence issues for the American people.  Specifically, the Executive Order establishes new standards for artificial intelligence relating to safety, security, privacy, civil rights, immigration, and...

New York City Amends Safe and Sick Time Regulations Recently, the New York City Department of Consumer and Worker Protection (“Department”) issued a Final Rule amending the Earned Safe and Sick Time Act ("ESSTA") regulations to align with the statutory amendments made by the 2020 New York State Paid Sick Leave Law. The rule amendments also provide additional clarification for employers about their compliance...

Recently, New York Governor Kathy Hochul signed bill S5572/A6796 that amends the New York Labor Law’s definition of “clerical and other worker.” Specifically, the new legislation increases the minimum weekly earnings that a bona fide executive, administrative, or professional employee must receive to be excluded from the category of “clerical and other worker,” from $900 to $1,300 per week. The...

New York Enacts Law Prohibiting Employment Agreement Provisions That Assign Employee Inventions New York recently enacted legislation providing that provisions in employment agreements that require an employee to assign certain inventions that are made on the employee’s own time and which do not use the employer's equipment, supplies, facilities, or trade secret information are...

New York Prohibits Employers from Accessing Employees’ Personal Social Media Accounts Recently, New York enacted a law that prohibits an employer from requesting or requiring that an employee or applicant for employment disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices. The new law also prohibits employers...

New York Enacts Law Regarding Captive Audience Meetings On September 6, 2023, New York Governor Kathy Hochul signed the captive audience bill into law which prohibits employers from coercing employees into attending or participating in meetings sponsored by the employer concerning the employer's views on political or religious matters. The legislation also requires employers to post a sign in every...