Legislation

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In Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s whistleblower claim under New York Labor Law § 740. Specifically, the court held that…

Read More First Department Reverses Dismissal of NY Labor Law § 740 Whistleblower Claim; Statute Applied Retroactively
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This Tuesday, November 6, 2024, is Election Day. New York law contains a provision that facilitates working persons’ ability to vote. New York Election Law § 3-110, titled “Time allowed employees to vote”, provides: 1. If a registered voter does not have sufficient time outside of his or her scheduled working hours, within which to…

Read More New York Election Law § 3-110: Time Allowed Employees to Vote
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The New York City Council recently approved an amendment to the New York City Human Rights Law to ensure that employers may not, by agreement, subject a discrimination claim to a shorter statute of limitations than provided by the statute. Specifically, the new law, Int. No. 69-A, amends Section 8-109 of the Administrative Code of…

Read More NYC Council Votes to Amend NYC Human Rights Law to Render Void Any Provision Seeking to Shorten the Statute of Limitations
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On November 17, 2023, New York Governor Hochul signed State Assembly Bill A00501, which amends a portion of the New York Executive Law (known as the New York State Human Rights Law), section 297, to increase the statute of limitations – for discrimination and retaliation claims asserted in the New York Division of Human Rights…

Read More New York Increases Statute of Limitations for NYS Human Rights Law Claims
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New York Governor Hochul recently signed legislation, S4516, that amends New York’s General Obligations Law to prohibit settlement agreements resolving sexual harassment or discrimination claims from containing any condition that requires the complainant to pay the defendant liquidated damages in the event that the plaintiff violates any nondisclosure agreement included in the settlement agreement. Generally,…

Read More New NY Law Prohibits “Liquidated Damages” Provisions for NDAs in Settlement Agreements Resolving Sexual Harassment and Discrimination Claims
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On September 14, 2023, Governor Hochul signed legislation, A836, which will prohibit employers from requesting that an employee  or applicant disclose social media access information. The new law, to be codified as Labor Law § 201-i, will take effect in March 2024. It does contain exceptions where, for example, the employer acts to in compliance…

Read More Employers’ Access to Employees’ Social Media Accounts to Be Restricted by New Law
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The New York City Council recently enacted a legislation that prohibits discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations. As summarized: This bill would prohibit discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations. This bill would also create an…

Read More NYC Council Enacts Law to Prevent Discrimination Based on Height & Weight
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Recently-proposed New York State legislation (A2865/S17) would make it more difficult for defendants to overturn employment discrimination damage awards. In sum, the law “[p]rovides that the court shall not reduce jury awards as excessive in employment discrimination actions unless the court finds that the proponent has proven by clear and convincing evidence that the verdict…

Read More Proposed New York Legislation Would Restrict Judicial Review of Employment Discrimination Damage Awards
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Legislation pending before the New York City Council, Int 0209-2022, would “amend the administrative code of the city of New York, in relation to prohibiting discrimination on the basis of a person’s height or weight in opportunities of employment, housing, and access to public accommodations.” The legislation is summarized as follows: This bill would prohibit…

Read More NYC-Proposed Legislation to Prohibit Discrimination Based on Weight, Height
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