On April 17, 2024, the United States Supreme Court ruled on the standard under which a plaintiff can proceed with a claim for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964 (“Title VII”), holding that a plaintiff need only show that the transfer brought about “some” harm with respect to an identifiable term or condition of employment, but that the harm need not be “significant.” The decision in Muldrow v. City of St. Louis, 601 U.S. ___ (2024), now supersedes the heightened harm threshold tests that some Circuits, such as the Eighth and Third, have used to determ ..read more

In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,” occasional remote work by an employee within the state is insufficient to render New York “the place where the impact of the alleged discriminatory conduct is felt” for purposes of coverage under the NYSHRL. However, the court permitted plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 (“Title VII”) to proceed, holding that a discrete ..read more

On April 8, 2024, National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo released a Memorandum providing guidance to Regional Directors, Officers-in-Charge, and Resident Officers concerning the GC’s continued efforts to secure full remedies for all victims of unlawful conduct—pushing Regions to turn their focus towards employees harmed by violations under Section 8(a)(1) of the National Labor Relations Act (“NLRA”). The GC stated that an employee who has experienced unlawful employer discipline or the effects of an unlawful rule or contract term cannot be mad ..read more

The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the updated federal overtime rule on April 10, 2024. We can expect publication of the final rule in the Federal Register any day now, with an effective date likely 60 days after publication. If the final rule tracks the agency’s proposed rule from last fall, it will bump the minimum salary for exemption as executive, administrative, or professional (“EAP”) employee from $684 per week ($35,568 annualized) to $1,059 per week ($55,068 annualized) and the minimum total annual compensation level for exemptio ..read more

The New York City Department of Consumer and Worker Protection (“DCWP”) has published its “Workers’ Bill of Rights” website and associated “Know Your Rights at Work” poster, which NYC employers will be required to begin distributing to employees beginning in July 2024. As we previously reported, the NYC Council approved a bill (returned unsigned by Mayor Eric Adams, resulting in the bill automatically becoming law) that required the DCWP  to lead a coordinated effort with the Mayor’s Office of Immigrant Affairs, the NYC Commission on Human Rights, and certain community and labor ..read more

A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination claims, in a decision that could have implications across the entertainment industry. In Moore v. Hadestown Broadway LLC, the plaintiff, a Black woman, brought race discrimination and retaliation claims under federal and New York laws against her former employer, the producer of the Tony Award-winning musical Hadestown. The court dismissed the plaintiff’s race discrim ..read more

Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey.  In the past few weeks, three bills have been proposed (two in New Jersey and one in New York) that follow New York City’s Local Law 144 (“Local Law 144”), a law that sets rules for certain automated employment decision tools used by employers in New York City, which became effective last July.  Similar bills were introduced in both states during the 2023 legislative session. A bill (A. 9314) proposed in the New York Assembly on Feb ..read more

On March 1, 2024, the Centers for Disease Control and Prevention (“CDC”) repealed its previous guidance advising a 5-day isolation period for individuals testing positive for COVID-19 and issued consolidated guidance on “Preventing Spread of Respiratory Viruses When You’re Sick.”  The new guidance provides unified recommendations for isolation and other precautions for individuals with respiratory viruses including COVID-19, RSV and flu. Overview of New CDC Respiratory Virus Guidance The new CDC guidance applies to individuals experiencing “respiratory virus symptoms that aren’t better ex ..read more

Joining an emerging trend of legislative and regulatory hostility towards non-compete agreements, on February 28, 2024, the New York City Council introduced three new bills proposing restrictions on non-compete agreements in New York City.  Int. No. 140 proposes an outright ban on non-compete agreements for all workers in New York City.  Int. No. 146 and Int. No. 375 focus on restricting non-compete agreements for low-wage employees and freelance workers (collectively the “NYC Bills”). As previously reported, New York Governor Kathy Hochul recently vetoed a bill proposing a near-tota ..read more

The Illinois Equal Pay Act (“IEPA”) was previously amended to require private businesses with more than 100 employees in Illinois to obtain an Equal Pay Registration Certificate (“EPRC”) by March 23, 2024, and every two years thereafter.  We previously posted about this requirement here and here. Since the IEPA was amended, the Illinois Department of Labor (“IDOL”) has provided some Illinois employers with a specific EPRC application deadline.  Illinois employers that have not yet received a specific EPRC deadline from the IDOL or have not yet submitted an EPRC application must do so ..read more