On March 30, 2023, I presented a complimentary webinar entitled “2023 New York Employment Law Update”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience. In the webinar, I discuss: Pay Transparency Sexual Harassment Paid Family Leave Pregnancy & Nursing Leave Discrimination and much more! New York continues to be one of the most proactive states in regulating the employment relationship. In late 2022, the State enacted several new laws and amendments imposing new restrictions and requirements on employers. Recent develop ..read more

A February 21, 2023, decision by the National Labor Relations Board found it unlawful for employers to include some routine provisions in severance agreements. NLRB General Counsel Jennifer Abruzzo issued a memorandum dated March 22, 2023, elaborating on her broad interpretation of the ruling. Consequently, employers may now face federal labor law claims if they even offer a severance agreement to an employee that includes previously common restrictions. McClaren Macomb Decision In McClaren Macomb, 372 NLRB No. 58, the NLRB found that a hospital committed an unfair labor practice in viol ..read more

The New York Warehouse Worker Protection Act limits employers’ ability to monitor warehouse employees’ productivity using quotas. Covered employers must notify employees in writing of all quotas against which they’re measured and the potential consequences of not meeting them. This new law temporarily took effect on February 19, 2023. As a result of chapter amendments, its implementation will now be delayed until June 19, 2023, with significant changes. Covered Workplaces Employers are subject to the Warehouse Worker Protection Act if they employ either: 100 or more employees at a single war ..read more

The New York Warehouse Worker Protection Act took effect on February 19, 2023. This new law limits employers’ ability to monitor warehouse employees’ productivity using quotas. Covered employers now must notify employees in writing of all quotas against which they’re measured and the potential consequences of not meeting them. Covered Workplaces Employers are subject to the Warehouse Worker Protection Act if they have employed, in the past 12 months, either: 100 or more employees at a single warehouse distribution center; or 500 or more employees at one or more warehouse distribution centers ..read more

As an employment lawyer, I spend much of my time communicating with excellent human resources professionals. HR compliance is an underappreciated function in many organizations, though not necessarily by choice. Here are some general observations on how companies can struggle with their human resources practices and when hiring a dedicated HR professional for your growing small business may be a good idea. Limitations on Good HR Compliance Human resources compliance refers to the process of ensuring that a company adheres to all relevant laws, regulations, and standards when it comes to manag ..read more

In January 2023, NLRB union election filings continued their recent climb. But you must look beyond the raw numbers to see this reality. As has been the case for the past year, union organizing at Starbucks stores still complicates the analysis. January 2023 Union Election Petitions Overall, the National Labor Relations Board received 150 “RC” petitions seeking union representation in January 2023. While that is much lower than the 169 filed last January, the decrease is all attributable to the maturation of the Starbucks unionization campaign. In January 2022, there were 35 petitions seeking ..read more

On January 26, 2023, I presented a complimentary webinar entitled “2023 New York Paid Family Leave Update”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience. In the webinar, I discuss: Employer & Employee Coverage Contributions & Benefit Rates Qualifying Circumstances Program Updates & Amendments Interaction with Other Leaves and much more! The New York Paid Family Leave Program took effect January 1, 2018. Five years later, PFL continues to evolve each year, For example, employee contributions and benefit rates ..read more

The National Labor Relations Board began announcing an increase in union organizing activity in early 2022. More detailed analysis showed that those gains were primarily driven by elections at numerous Starbucks stores. Otherwise, the 2022 election statistics only suggested a return to pre-COVID levels. Now, however, statistics from the final three months of calendar year 2022, appear to reflect a general increase in union election filings entering 2023. Starbucks Effect Election petitions involving Starbucks stores accounted for an overwhelming proportion of the NLRB’s reported increase in u ..read more

On December 21, 2022, Governor Kathy Hochul signed legislation establishing a statewide New York pay transparency law. When the law takes effect on September 17, 2023, it will require covered employers to list salary or wage ranges for all advertised jobs and promotions. Employers must also publish the job description if one exists. These new pay transparency disclosures aim to empower workers with more information to reduce discriminatory wage and hiring practices. In particular, Gov. Hochul stated that this legal measure will provide a “critical tool in our efforts to end pervasive pay gaps ..read more

On November 21, 2022, Governor Hochul signed an amendment to the New York Labor Law to enhance employee protections against retaliation. The amendment adds an express prohibition of retaliation for any lawful absences from work. The amendment takes effect on February 19, 2023. New York Labor Law Section 215 Section 215 of the New York Labor Law generally prohibits private (non-governmental) employers from discriminating against employees for engaging in a wide array of protected activities. Before this amendment, these protected activities included: Making a complaint that the employee’s emp ..read more