NYC Employers Take Note – “Workers’ Bill of Rights” Website and Poster Released
Proskauer's Law and the Workplace Blog
by Evandro Gigante and Laura Fant
6d ago
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
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Race Discrimination Claims by Broadway Actor Sent Back to the Underworld in the Face of Producer’s First Amendment Rights
Proskauer's Law and the Workplace Blog
by Tony Oncidi and Dixie Morrison
1w ago
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
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New York and New Jersey Legislatures Introduce Bills That Seek to Regulate Artificial Intelligence (“AI”) Tools in Employment
Proskauer's Law and the Workplace Blog
by Joseph O’Keefe and Hannah Morris
2w ago
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
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CDC Ends 5-Day Isolation Guideline for COVID-19, Impacting New York State COVID-19 Paid Sick Leave Requirements
Proskauer's Law and the Workplace Blog
by Evandro Gigante and Laura Fant
3w ago
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
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New York City Council Introduces Three New Bills Aimed at Non-Competes
Proskauer's Law and the Workplace Blog
by Joseph O’Keefe and Alisha Bruce
3w ago
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
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Reminder: Illinois Equal Pay Registration Certificate Deadline Approaching
Proskauer's Law and the Workplace Blog
by Steven J. Pearlman, Edward Young and Dakota D. Treece
3w ago
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
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Fifth Circuit Vacates $365 Million Punitive Damages Award for Title VII Discrimination and Retaliation Claims
Proskauer's Law and the Workplace Blog
by Nigel F. Telman, Atoyia Harris and Dakota D. Treece
1M ago
In Harris v. FedEx Corp. Servs., Inc., No. 23-2003, a Fifth Circuit panel vacated a $365 million punitive damages award in race discrimination and retaliation case, finding that the plaintiff Jennifer Harris (“Harris”) failed to show that Fedex Corporate Services, Inc. (“Fedex”) acted with malice or reckless indifference when it terminated her for poor performance. Background In March 2019, Harris’ supervisor suggested that Harris, a black woman, step down from her role as a District Sales Manager due to low team sales.  Shortly after, Harris made an internal complaint accusing her superv ..read more
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Delaware Supreme Court Validates Forfeiture-For-Competition Provision in Unanimous Reversal of Chancery Court
Proskauer's Law and the Workplace Blog
by Allan Bloom, Joseph O’Keefe, Steven J. Pearlman and Jonathan Gartner
2M ago
In a win for businesses that rely on restrictive covenants to protect their assets and investments, on January 29, 2024, the Delaware Supreme Court unanimously reversed a Chancery Court decision that invalidated a “forfeiture-for-competition” provision in Cantor Fitzgerald’s limited partnership agreement. As we previously reported on this blog, last January the Chancery Court invalidated the forfeiture-for-competition provision in Cantor Fitzgerald’s limited partnership agreement, reasoning that such provisions must be scrutinized under the same “reasonableness” standard applied to non-competi ..read more
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New York Governor Zeroes in on Employee Leave and Benefits, Wage Payment Violations, and More in Proposed FY25 Executive Budget
Proskauer's Law and the Workplace Blog
by Allan Bloom, Evandro Gigante, Laura Fant and Chad Thornton
2M ago
On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations for the coming fiscal year.  This includes a number of proposals that would impact New York employers and employees alike, outlined below. Paid Leave for Prenatal Appointments The Budget includes a proposal that would expand the New York State Paid Family Leave Law (“NYPFL”) to include partially paid leave for prenatal appointments. The NYPFL presently provides eligible ..read more
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Judge Grants Workday, Inc.’s Motion to Dismiss in Groundbreaking AI Class Action Lawsuit Mobley v. Workday
Proskauer's Law and the Workplace Blog
by Joseph O’Keefe, Evandro Gigante and Hannah Morris
2M ago
In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening tools discriminate against job applicants based on race, age, and disability, the Court granted Workday’s motion to dismiss on January 19, 2024, with leave for plaintiff to amend the Complaint. As we previously reported here, lead plaintiff Derek Mobley filed this lawsuit, alleging that all of his applications for 80-100 jobs with employers who use Workday’s screening too ..read more
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