On November 17, 2023, Governor Kathy Hochul signed SB 4516, an amendment to N.Y. General Obligations Law §5-336 that prohibits liquidated damages clauses in nondisclosure provisions of settlement agreements involving discrimination, harassment or retaliation claims, and adds additional protections for individuals alleging such claims. The amendment applies to agreements signed on or after November 17, 2023.Continue Reading New Law in New York State Impacts Settlement Agreements
Jonathan A. Wexler is a Shareholder in Vedder Price's Labor and Employment practice area in the New York office.
He represents private-sector, not-for-profit and public-sector clients in litigation matters in federal and state courts and before such administrative agencies as the Equal Employment Opportunity Commission, the New York State Division of Human Rights, the National Labor Relations Board and the New York Department of Labor.
In 2023, New York State and New York City amended several labor and employment laws about which employers should be aware to ensure that their policies and procedures remain compliant. For more detailed information, check out the article here.Continue Reading New York State and City Labor and Employment Updates
New York City has implemented regulations governing the use of artificial intelligence (“AI”) and automated decision-making tools in the employment space.Continue Reading New York City Law Tackles AI Bias in Employment
In January 2020, New Jersey passed significant amendments to the state’s Millville Dallas Airmotive Plant Job Loss Notification Act (the “NJ WARN Act”) that were to go into effect in July 2020. Due to the COVID-19 pandemic, the effective date was delayed, but on December 19, 2022, the New Jersey legislature passed A-4768, which, when it becomes effective on April 10, 2023, will result in a significant expansion of the NJ WARN Act.Continue Reading WARNing: Updates to the New Jersey Plant Closing Law Coming Soon
Effective September 18, 2023, employers will be required to comply with a new pay transparency law for jobs that can be performed, at least in part, in the state of New York.
The law is similar to the pay transparency statutes of New York City (see link), Westchester County and Ithaca in that the New York State law requires employers (and any agent thereof, such as an employment agency) to include a good-faith minimum and maximum pay range with any external job advertisements or internal postings for transfers and promotions, that can or will be performed, at least in part, in New York State. Unlike the local laws, the state law expressly allows the inclusion of a fixed pay rate or salary, as opposed to a range (although the laws that require a range allow for the minimum and maximum to be the same number). For a commission-based job, the ad or posting may simply state compensation is by commission. Continue Reading New York State Enacts a Pay Transparency Law
Starting February 19, 2023, employers will not be able to discipline employees for certain types of absences. Section 215 of the New York Labor Law (NYLL) was amended to prohibit employers from taking adverse action against employees for “any legally protected absence under federal, local, or state law,” including “assessing any demerit, occurrence, or any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action.” Section 215 currently prohibits retaliation against employees who engage in a variety of protected activity, including making complaints about the employer’s violation of any of the provisions of the New York Labor Law, notably including an employer’s pay practices.Continue Reading New York State Provides Protection for Use of Leaves of Absence
Effective July 14, 2022 (pursuant to legislation amending the New York State Human Rights Law that was signed by New York State Governor Kathy Hochul in March 2022), New York established a telephone hotline that employees can use to report incidents of sexual harassment to the New York State Division of Human Rights. The hotline number is 800-HARASS-3 ((800) 427-2773) and will be staffed, on a pro bono basis, by NYS attorneys who have expertise in employment law and sexual harassment issues. The hotline can be called Monday through Friday, 9:00 a.m. to 5:00 p.m.Continue Reading NYS Sexual Harassment Hotline Goes Live