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 RangeIn 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 HarassmentIn 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 MandateNew 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 DisclosureRecently, New York’s legislature amended New York’s notoriously narrow “whistleblower law,” N.Y. Labor Law 740. Governor Hochul signed the new law on October 28, 2021; they take effect 90 days thereafter (i.e., on January 26, 2022). There are a number of changes to the statute, which include, but are not limited to: Broadening the definition…
Read More Amendments to New York’s Whistleblower Statute, N.Y. Labor Law 740Today, August 20, 2021, New York’s Governor signed a new law, S858, which closes a loophole in New York’s Labor Law relating to wage theft. Specifically, the law amends New York Labor Law sections 193 and 198. Previously, the law prevented certain “deductions.” However, there was ambiguity as to whether a complete failure to pay…
Read More NY Governor Signs Bill Closing “Wage Theft” LoopholeNew York Governor Cuomo recently signed legislation, S.7196/A.6762-B, which arms the public with a new remedy for gun-related harm. (Additional legislation, S.5000-B/A.6198-B) prohibits the sale of firearms to anyone with an outstanding warrant for a felony or serious offense.) Specifically, the law amends New York’s General Business Law by adding a new Article 39-DDDD (comprising…
Read More New York Governor Cuomo Signs Legislation Holding Gun Manufacturers AccountableOn June 17, 2021, President Joe Biden signed the Juneteenth National Independence Day Act into law. Specifically, the Act amends Section 6103(a) of Title 5 of the United States Code, by inserting after the item relating to Memorial Day the following: “Juneteenth National Independence Day, June 19.” Celebrated by African Americans yearly since the Civil War…
Read More Juneteenth Is Now a Federal HolidayNew York’s general “whistleblower” statute – New York Labor Law 740 – is, in its current form – extremely narrow. However, recent amendments to the statute have passed the Assembly and Senate to broaden its terms. The proposed amendments include (THESE WORDS added; [bracketed words] deleted): 2. Prohibitions. An employer shall not take any retaliatory…
Read More Proposed Amendments to New York’s Whistleblower Law Pass Senate and AssemblyA recent New York law, titled the No Wage Theft Loophole Act (A1893/S858), recently passed the Senate and Assembly (and, as of this writing, June 2, 2021, is awaiting signature by the Governor). Its stated purpose is “[t]o clarify that Article 6 of New York’s Labor Law completely and without exception prohibits lack of distribution of…
Read More “No Wage Theft Loophole Act” Amends New York Labor Law