In a recent legal development, a New York State Supreme Court ruled that the source-of-income anti-discrimination statute within the New York State Human Rights Law (NYSHRL) is unconstitutional, citing a violation of the Fourth Amendment of the U.S. Constitution.
Articles About New York Labor And Employment Law.
Fraud Doesn’t Pay in New York – August 2023 Update
AN OVERVIEW OF RECENT DECISIONS DEMONSTRATING THE BOARD’S ATTITUDE TOWARD 114-A
Reminder: New York State Pay Transparency Obligations Take Effect Sept. 17
Employers are reminded that the New York State Pay Transparency Law goes into effect Sept. 17, 2023. Covered employers in New York State will have new pay transparency obligations related to job advertisements.
New York State Bill Proposed to Restrict Electronic Monitoring, Automated Employment Decision Tools
Under a recently introduced bill, employers across New York State could face new restrictions on the electronic surveillance of workers and the growing use of automated decision-making and artificial intelligence (AI) technology to make employment decisions. Senate Bill (S) 07623 seeks to address privacy concerns with electronic surveillance, or so-called
New York Source-of-Income Antidiscrimination Statute Deemed Unconstitutional
The source-of-income antidiscrimination statute in the New York State Human Rights Law (NYSHRL) is unconstitutional as it violates the Fourth Amendment of the U.S. Constitution, New York State Supreme Court Judge Mark G. Masler, presiding in Cortland County, has ruled. People v. Commons W., LLC, 2023 NY Slip Op. 23213 (Sup. Ct. June 27, 2023).
2023 New York State Legislature Concludes with Flurry of Activity Pertinent to New York Employers
The 2023 New York State Legislature recently concluded its legislative session (after being called back for two weeks to consider certain pieces of legislation). The session ended with a flurry of activity relevant to employers in the state, and below is an update on developments pertinent to New York employers. In sum, many items, including non-compete bans, the Freelance Isn’t Free Act, Settlement Agreements and Liquidated Damages Provisions and more await forwarding to Governor Kathy Hochul’s desk for her signature or veto.
New York City’s New Pay Protections for App-Based Restaurant Delivery Workers Are Stayed
New York City was on track to becoming the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. However, the new law, which was scheduled to go into effect July 12, 2023, has been stayed by New York State Supreme Court Judge Nicholas Moyne.
Updated New York WARN Act Regulations Address Post-Pandemic Environment, Add Employer Obligations
The New York State Department of Labor (NYSDOL) has released amended New York State Worker Adjustment and Retraining Act (NYS WARN) Regulations that, in large part, respond to the unique issues presented during the COVID-19 pandemic relating to employers’ provision of fewer than 90 days of notice, temporary layoffs, and rise of remote and hybrid work arrangements.
New York Updated Name, Image, and Likeness Law Expands Definition of Student-Athlete, Limits NCAA Authority
Changes to New York’s name, image, and likeness (NIL) law redefines “student-athlete” and limits the National Collegiate Athletic Association’s (NCAA) authority. The changes under NY Bill No. A07107B are effective immediately.
Updates to NIL Law
The definition of “student-athlete” has been expanded to include an individual who has completed at
NYC Department of Consumer and Worker Protection Issues Guidance on AI Regulations
Two business days before the start of enforcement of NYC Local Law 144 of 2021, the first-of-its kind law regulating the use of AEDTs (Automated Employment Decision Tools), the New York City Department of Consumer and Worker Protection (DCWP) released a set of Frequently Asked Questions (FAQs).
New York State Department of Labor Issues Final New York State WARN Act Updated Regulations
On June 21, 2023, the New York State Department of Labor (NYSDOL) published updated regulations concerning the New York State Worker Adjustment and Retraining Notification Act (NYS WARN Act).
New York City Releases New Guidance on Law Regulating Use of Automated Employment Decision-Making Tools
On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the July 5, 2023, effective date for final rules implementing the law.
New York Mandatory Nurse Overtime Law Amendments Take Effect
Significant amendments to New York law regarding mandatory overtime for nurses took effect on June 28, 2023. The changes resulted from New York Assembly Bill 970 / Senate Bill 850, which Governor Hochul signed in March, amending Section 167 of the Labor Law. The legislation involved a “chapter amendment”
New York Lawmakers Propose Banning Noncompete Agreements
This month both the New York State (NYS) Senate and the NYS Assembly passed identical bills that effectively ban all noncompete agreements in the state of New York. If signed by Governor Kathy Hochul, the legislation would become Section 191-d of New York Labor Law, effective 30 days after its signing.
WARNing: Amendments to the New York WARN Act Regulations are Now in Effect
Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some of the changes are sweeping.
Employer Coverage
Under the amended regulations, the