Workplace Policies

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With the prevalence of generative artificial intelligence (“AI”) on the rise, the potential for misuse, including in the workplace, is ever present. Amidst this backdrop, the recently enacted federal TAKE IT DOWN Act (the “Act”) prohibits the distribution of nonconsensual intimate images, or “revenge porn,” including AI-generated and digitally altered content known as “deepfakes.” The primary question for employers is not only what the Act means for them, but what steps they can affirmatively take to preserve a healthy workplace culture and ensure responsible use of AI.Continue Reading Preserving Workplace Culture Amidst the Threat of AI Deepfakes: Employer Considerations in the Wake of the Federal TAKE IT DOWN Act

On March 25, 2025, in Tudor v. Whitehall Central School District, the United States Court of Appeals for the Second Circuit vacated the Northern District of New York’s grant of summary judgment in favor of the Whitehall Central School District (the “District”) on a failure-to-accommodate claim brought under the Americans with Disabilities Act (ADA) by Angel Tudor (“Tudor”), a teacher in the District.  In its opinion, the court held that a reasonable accommodation may be required even when the employee can perform the essential functions of their job without the accommodation.Continue Reading The Second Circuit Holds That Reasonable Accommodations Under the ADA May Be Required Even When Not Necessary to the Performance of the Job

As we discussed in a previous post (linked here), many employers have recordkeeping and other annual compliance obligations under Occupational Health and Safety Administration (OSHA) regulations. Employers have a February 1, 2025, deadline to complete, certify and post a Summary of Work-Related Injuries and Illnesses (i.e., OSHA Form 300-A) that occurred last year. The summary must remain posted through April 30, 2025.Continue Reading Reminder: Approaching Deadline to Post Last Year’s Work-Related Injuries and Illnesses

On December 31, 2024, the California Chamber of Commerce and California Restaurant Association (CRA) filed a complaint in federal court seeking to enjoin enforcement of Senate Bill (S.B.) 399, signed into law by Governor Gavin Newsom in September of 2024.Continue Reading Recent Litigation in California Challenges New Captive Audience Meeting Bill

Employers need to be prepared to post required workplace injury and illness information by February 1, 2025.

Pursuant to Occupational Safety and Health Administration (OSHA) regulations, unless an industry-specific exemption applies, employers with 10 or more employees must keep a Log of Work-Related Injuries and Illnesses (i.e., OSHA Form 300) and must complete an Injury and Illness Incident Report (i.e., OSHA Form 301) for each recordable injury or illness.Continue Reading Approaching Deadline to Post Last Year’s Work-Related Injuries and Illnesses

On September 4, 2024, Governor Kathy Hochul signed S8358C, the New York Retail Worker Safety Act (RWSA), into law. Through the RWSA, New York state seeks to address growing threats of workplace violence and fears among retail workers regarding their safety in the workplace. New York joins a handful of other states, including California, which have passed similar legislation.Continue Reading New York Governor Signs Legislation to Protect Retail Workers from Workplace Violence

In the California case of Okonowsky v. Garland, a male supervisor in a federal prison (a lieutenant) used his private Instagram account to post sexually offensive content about a female prison psychologist.  The District Court dismissed the psychologist’s hostile work environment claim, holding that the posts occurred entirely outside the workplace, were made on the lieutenant’s personal Instagram account, and were not sent or otherwise displayed to the psychologist.  The Ninth Circuit reversed the dismissal of the Title VII claim and found that, in view of the generally permanent nature of the sexual posts and the references to the workplace on the Instagram account, the psychologist’s work environment could have been made hostile, especially since she had to interact with the lieutenant on a regular basis, and despite the fact that the lieutenant’s conduct occurred “off-site.”Continue Reading Recent Judicial Decisions Highlight the Importance of Anti-Harassment Training

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

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

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