Legislative Updates

Form I-9 Remote Review Flexibility to End August 30, 2023 The Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) has announced that employers will have until August 30, 2023, to comply with Form I-9 requirements and to ensure that all required physical inspection of identity and employment eligibility documents have been satisfied. As we previously...

NYC Council Passes Legislation Prohibiting Discrimination on the Basis of Height and Weight On May 11, 2023, the New York City Council passed legislation that expands workers protections to prohibit discrimination on the basis of height and weight. If Mayor Eric Adams signs the legislation (which is expected), it would become effective 180 days after the Mayor’s signature. The new legislation would...

New York City Issues Final Regulations for Automated Employment Decision Tool Law and Defers Enforcement to July 5, 2023 On April 6, 2023, the DCWP issued final regulations regarding the New York City Automated Employment Decision Tools Law (“AEDTL”). Pursuant to the law, employers must conduct automated decision tool audits to confirm that such tools are not biased. The new law went into effect on...

New York State Updates Its Model Sexual Harassment Policy and Training On April 11, 2023, New York State released updated versions of the New York State Sexual Harassment Model Policy and training materials. In addition to a new model policy, the State has updated its Frequently Asked Questions and provided a new toolkit for workers and employers, as well as a new training slide deck and accompanying...

HRtelli On March 22, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum clarifying the NLRB’s decision in McLaren Macomb, 372 NLRB No. 58 (2023), which deemed non-disparagement and confidentiality provisions in severance agreements to be unlawful.  Specifically, the memorandum provides that the decision applies retroactively and therefore, agreements...

New York State Pay Transparency Law Amendments Signed into Law As we previously reported, effective September 17, 2023, employers will be subject to the New York State Pay Transparency law, pursuant to which employers who advertise a job, promotion, or transfer opportunity must include: (1) the compensation or a range of compensation for such job, promotion, or transfer opportunity; and (2) the job...

New York State Pay Transparency Law Proposed Amendments Effective September 17, 2023, employers will be subject to the New York State Pay Transparency law, pursuant to which employers who advertise a job, promotion, or transfer opportunity must include: (1) the compensation or a range of compensation for such job, promotion, or transfer opportunity; and (2) the job description for such job, promotion, or...

NLRB Determines that Overbroad Confidentiality and Non-Disparagement Provisions in Severance Agreements Are Unlawful On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision holding that an employer violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it offers a severance agreement containing provisions that would restrict employees’ exercise of...

Reminder: Effective February 19, 2023 - New York Labor Law Prohibits Discipline or Retaliation for Lawful Absences As we previously reported, Governor Kathy Hochul signed into law an amendment to Section 215 of the New York Labor Law, which expands the retaliation protections under the law. Effective February 19, 2023, employers in New York will be prohibited from disciplining or retaliating against...

OSHA Issues New Enforcement Guidance On January 26, 2023, the U.S. Department of Labor announced that its Occupational Safety and Health Administration (“OSHA”) has issued new enforcement guidance to make its penalties more effective in stopping employers from repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements.   OSHA...