Seven years after the UK Supreme Court decided that the payment of fees to bring Employment Tribunal claims was unlawful and should be abolished, the Government has published a consultation paper to reintroduce fees in the Employment Tribunals (“ET”) and Employment Appeal Tribunal (“EAT”).Continue Reading UK Government Proposes to Reintroduce Employment Tribunal Fees

On January 9, 2024, the Department of Labor (DOL) announced a final rule creating the test for independent contractor status under the Fair Labor Standards Act. The final rule marks the rescission of the Trump administration’s more employer-friendly rule and revives the likeness of prior tests that are more likely to classify workers as employees

Although non-competition agreements are under ongoing attack at the federal and state levels (including being banned in California, Minnesota, North Dakota, and Oklahoma, among others), New York State is not yet ready to join that movement.  Late last month, New York Governor Kathy Hochul vetoed Senate Bill S3100A, which was passed in June 2023 by the NYS Assembly and the Senate and would have prohibited all non-compete agreements.  In vetoing the bill, Governor Hochul expressed concern about the impact that the legislation would have on the interest of the many businesses operating in the state to protect the competitive advantage that key employees bring.Continue Reading New York Governor Vetoes Bill Banning Non-Compete Agreements

With the holiday season in full swing and 2024 rapidly approaching, we thought now would be a good time to remind employers of the “gifts” given to them by the California Legislature in 2023 that become effective in 2024.  This past year brought several new laws with it that require employers’ attention, including new leave laws, new protected classes, new workplace safety laws, further non-compete prohibitions, minimum wage changes, and several more.  We “unwrap” and summarize those “presents” below.Continue Reading Ringing in the New California Laws

As of November 26, 2023, the New York City Human Rights Law makes discrimination on the basis of an individual’s height or weight unlawful.  Accordingly, an employer may not discharge or refuse to hire an individual, or provide an individual with less advantageous terms, conditions, or benefits of employment on the basis of actual or perceived height or weight. Continue Reading New York City Bans Employers from Creating Height and Weight Requirements

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

The Supreme Court has released its decision in the case of Chief Constable of the Police Service of Northern Ireland v Agnew.  The Court decided that, with respect to a series of unlawful deductions, a gap of more than three months, or a correct payment, will not automatically break the chain in a series of deductions.Continue Reading UK Supreme Court Ruling:  A Look at the Changes to a Series of Unlawful Deductions

Starting January 1, 2024, a new Illinois law will require employers in the greater Chicago metropolitan area with 50 or more covered employees within one mile of a fixed-route public transit service to provide their full-time employees with pre-tax public transit benefits.  This type of benefit program allows eligible employees to elect pre-tax reductions from their pay to purchase transit passes for use in commuting to and from work.  Transit passes covered by the program include fare cards and passes for public transportation. Continue Reading New Law Requires Greater Chicago Metropolitan Area Employers to Provide Pre-Tax Transit Benefits