Legislation

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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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The New York City Council has enacted a Local Law (No. 2022/032), which will prohibit employers from posting job listings without minimum and maximum salary information. The Council provides the following summary: This bill would make it an unlawful discriminatory practice to not include in job listings the minimum and maximum salary offered for any…

Read More New NYC Law to Require Disclosure of Minimum/Maximum Salary Range
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In a resounding win for employees, Congress passed (with bipartisan support) the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021“, which bars the use of forced arbitration to address sexual assault and harassment claims in the workplace. The legislation passed the House on February 7, 2022, and the Senate on February…

Read More Congress Passes Bill to End Forced Arbitration in Cases of Sexual Assault and Sexual Harassment
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In National Federation of Independent Business, et al v. Department of Labor, Occupational Safety and Health Administration, et al, 595 U.S. ___ (Jan. 13, 2022), the U.S. Supreme Court stayed OSHA’s emergency temporary standard that required certain private employers (with at least 100 employees) to require covered workers to receive a COVID-19 vaccine, with an…

Read More SCOTUS Largely Strikes Down Biden/OSHA Vaccine Mandate
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New York Governor Hochul has recently approved three pieces of legislation, specifically, relating to (1) admissibility of certain statements under the “hearsay” rule; (2) remote notarization; and (3) insurance disclosures. Hearsay. First, S7093/A8040 (Hoylman/Dinowitz) amends the rules of evidence to permit the admission of an opposing party’s statement if made by an agent or employee made within…

Read More New Laws Re: Hearsay, Remote Notarization, & Insurance Disclosure
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