Legislation

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For decades, New York civil litigators operating under the Civil Practice Law and Rules (CPLR) relied on a familiar playbook: When a client was sued, defense counsel often took a, let’s say, “patient” approach to third-party practice by engaging in often lengthy, time-consuming discovery to fully clarify fault before bringing in (impleading) other parties, such…

Read More New York’s New Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act Streamlines Third-Party Practice
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In the world of litigation, some lawsuits aren’t actually meant to be won in a courtroom—they’re meant to silence critics by subjecting them to costly litigation, including burying them in legal fees. These are known as SLAPPs (Strategic Lawsuits Against Public Participation). For years, New York’s protections against these bullies were notoriously weak. However, major…

Read More An Overview of New York’s Anti-SLAPP Law
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On December 19 2025, New York Governor Kathy Hochul signed the “Trapped at Work Act.” This law, which is effective immediately, adds a new Article 37 to the New York Labor Law, beginning with section 1050. Its stated purpose is to prohibit reimbursement clauses or promissory notes as a condition of employment. The law’s text…

Read More NY Governor Signs “Trapped at Work Act”
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Yesterday, New York Governor Hochul signed the Reasonable Accommodation Anti-Retaliation Act (S3398/A4898), which amends the New York State Human Rights Law (specifically, section 296(7) of the New York Executive Law) to clarify that it shall be an unlawful discriminatory practice to retaliate against an individual for requesting a reasonable accommodation. In particular: This bill closes this…

Read More Governor Hochul Signs Reasonable Accommodation Anti-Retaliation Act (S3398/A4898)
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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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