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

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

As a reminder to employers in Chicago, anti-sexual harassment training is required by Chicago’s Human Rights Ordinance and must be completed by July 1, 2023.  This requirement applies to all Chicago employers, regardless of size or industry.Continue Reading Sexual Harassment Prevention Training Deadline Approaches for Chicago Employers

On January 24, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released new guidance to help employers comply with the Americans with Disabilities Act’s (“ADA”) requirements for job applicants and employees with hearing impairments.  The guidance titled “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” replaces a May 7, 2014 resource titled “Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act,” and provides an overview of the ADA’s requirements for hearing impaired individuals, including the definition of a disability, pre- and post-job offer disability-related questions, and providing reasonable accommodations in the workplace.Continue Reading The EEOC Releases Updated Guidance on Hearing Disabilities and the ADA

On January 10, 2023, the Illinois legislature passed the Paid Leave for All Workers Act (the “PLFAW Act”), with an expected effective date of January 1, 2024. Illinois will join Maine and Nevada as the third state to require private employers to provide to employees earned paid leave that “may be taken by an employee for any reason of the employee’s choosing.” (For a more detailed discussion, click here).Continue Reading New Law Requires Illinois Employers to Provide Paid Leave for Any Reason

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

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

The California Governor has approved AB 2693, extending and modifying employer COVID-19 notification requirements. 

In September 2020, as a response to the COVID-19 pandemic, the California Legislature enacted AB 685 (adding Labor Code section 6409.6), mandating employers notify employees and local and state public health officials of COVID-19 cases in the workplace.  The statute was set to expire on January 1, 2023, but the Legislature delayed the sunset provision to January 1, 2024. Continue Reading California to Ease Employer COVID-19 Notification Requirements and Adopt New Emergency Temporary Standards