On Sept. 4, 2024, Gov. Kathy Hochul signed legislation requiring public employers to notify employees if their disciplinary records are requested as part of a Freedom of Information Law (FOIL) request. This legislation applies to all entities covered by FOIL and went into effect as of Sept. 4, 2024 ..read more

On Sept. 5, 2024, Gov. Kathy Hochul signed the Retail Worker Safety Act (A 8947 / S 8358) into law, which requires certain New York retailers to adopt safety measures to address and prevent workplace violence in retail settings. This new legislation amends the New York Labor Law to add section 27-e and imposes requirements intended to protect retail workers at a wide range of small to large-scale retailers. Most of the law’s provisions will go into effect on June 2, 2025. A brief summary of some of the notable requirements is detailed below ..read more

On Sept. 14, 2023, Gov. Kathy Hochul signed three pieces of legislation into law, all of which are reflective of Gov. Hochul’s ongoing efforts to strengthen workers’ rights in New York State ..read more

On Nov. 22, 2023, Gov. Kathy Hochul signed into law the “Freelance Isn’t Free Act” (the Act or FIFA), which was amended on March 1, 2024. The Act is codified in Article 44-A of the New York General Business Law. Article 44-A of the General Business Law creates several protections for freelance workers retained as independent contractors. The Act is intended to ensure that freelance workers receive timely compensation for all services performed. The law goes into effect on Aug. 28, 2024 ..read more

The FTC’s noncompete ban (16 C.F.R. § 910-1.6) is no more, at least for the time being. On Aug. 20, 2024, the United States District Court for the Northern District of Texas (Hon. Ada Brown, U.S.D.J.), in Ryan, LLC v. Federal Trade Commission, 24-cv-986, struck down the FTC’s noncompete ban, which was set to take effect on Sept. 4, 2024. The District Court’s Memorandum and Opinion precludes the FTC’s noncompete ban from going into effect nationwide ..read more

On July 3, 2024, the United States District Court for the Northern District of Texas (Hon. Ada Brown, U.S.D.J.) issued a Memorandum Opinion and Order (the “Order”) enjoining the enforcement of the FTC’s Non-Compete rule. In so doing, the Court held that the Plaintiff, Ryan LLC, was likely to succeed on the merits of its claim that the FTC exceeded its rulemaking authority by issuing a substantive rule banning most non-competes and otherwise acted in an arbitrary and capricious manner. The Court further found that Plaintiff would suffer imminent irreparable harm in the absence of an injunction ..read more

Effective June 19, 2024, New York State Labor Law Section 206-c requires all private and public employers to provide 30 minutes of paid break time for employees to express breast milk when the employee has a reasonable need to express breast milk. Prior to enactment of this law, New York State employers were only required to provide reasonable unpaid break time for breast milk expression ..read more

On May 20, 2024, the Occupational Safety and Health Administration’s (OSHA) announced a final rule updating the Hazard Communication Standard (HCS). The amended rule (29 CFR 1910) better aligns with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS ..read more

On April 29, 2024, the Equal Employment Opportunity Commission (“EEOC”) published Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance took effect immediately and supersedes the EEOC’s previously published guidance from the 1980s and 1990s. Since the EEOC has not published guidance regarding workplace harassment for almost 25 years, the Guidance addresses recent and developing areas such as workplace harassment related to sexual orientation and gender identity, pregnancy and related medical conditions, and remote work ..read more

On April 23, 2024, the U.S. Department of Labor announced its final rule to increase the minimum weekly salary to qualify for the Fair Labor Standards Act white collar exemptions.  The final rule is scheduled to be published in the Federal Register on April 26, 2024, and will become effective on July 1, 2024 ..read more