New York State has released updated sexual harassment prevention materials for employers, which now include information related to gender identity, bystander intervention, remote work, and new methods of reporting harassment. Following the release of a proposed “Sexual Harassment Prevention Model Policy” on January 12, 2023, and a subsequent notice and comment period, the New York Department of Labor released its final updated Sexual Harassment Model Policy (the “Model Policy”) for employers on April 11, 2023. Employers may adopt the new Model Policy, or they may write their own policy, provided that such policy complies with minimum standards outlined in New York Labor Law section 201-g.Continue Reading New York State Releases Its Finalized Updated Model Sexual Harassment Prevention Policy
Taylor A. McCann is an Associate in the firm’s New York office and a member of the firm’s Labor and Employment and Litigation group.
Ms. McCann focuses her legal practice on complex commercial litigation as well as labor and employment in federal and state courts at both the trial and appellate court levels.
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
Model Sexual Harassment Prevention Policy Updates
New York law requires employers to maintain written sexual harassment policies and the New York State Department of Labor (“DOL”) has provided employers with model policies to use as guidance. On January 12, 2023, the New York DOL released its updated Sexual Harassment Prevention Model Policy, which makes the following changes: Continue Reading New York State Updates Its Model Sexual Harassment Prevention Policy and Requires Digital Workplace Notices
On August 12, 2022, the Seventh Circuit held Wal-Mart Stores East LP did not discriminate against pregnant employees by failing to offer them light duty under its Temporary Alternate Duty policy (“TAD Policy”).Continue Reading Walmart’s Policy to Exclude Pregnant Employees from Temporary Light Duty Assignments Was Not Discriminatory
On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance for the workplace, most notably, its guidance regarding COVID-19 testing of employees. Prior to last week, the EEOC took the position that mandatory COVID-19 testing would always be “job related and consistent with business necessity” – a requirement for permissible medical examinations under the Americans with Disabilities Act (ADA). Given the evolving nature of the pandemic, the EEOC has changed course and has determined that employers now must make an individualized assessment as to whether current pandemic and workplace circumstances justify mandatory testing of employees to prevent workplace transmission of COVID-19. In other words, employers can no longer simply assume that mandatory COVID-19 viral testing of employees is lawful under the ADA.Continue Reading The EEOC Issues Updated Guidance on COVID-19 Testing