In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,” occasional remote work by an employee within the state is insufficient to render New York “the place where
Proskauer on Class and Collective Actions
Latest from Proskauer on Class and Collective Actions
Updated Federal Overtime Rule Cleared by White House
By Allan Bloom
The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the updated federal overtime rule on April 10, 2024. We can expect publication of the final rule in the Federal Register any day now, with an effective date likely 60 days after publication.
If the final rule tracks the agency’s proposed…
New York Employers Be Aware – Social Media Access Law Takes Effect
New York employers should take note of a new law that recently took effect that impacts their ability to access applicant and employee social media accounts. The law applies to all employers covered by the New York Labor Law (with the exception of law enforcement agencies, fire departments, and departments of corrections and community supervision)…
NYC Employers Take Note – “Workers’ Bill of Rights” Website and Poster Released
The New York City Department of Consumer and Worker Protection (“DCWP”) has published its “Workers’ Bill of Rights” website and associated “Know Your Rights at Work” poster, which NYC employers will be required to begin distributing to employees beginning in July 2024.
As we previously reported, the NYC Council approved a bill (returned unsigned by…
NYC Employers Take Note – “Workers’ Bill of Rights” Website and Poster Released
The New York City Department of Consumer and Worker Protection (“DCWP”) has published its “Workers’ Bill of Rights” website and associated “Know Your Rights at Work” poster, which NYC employers will be required to begin distributing to employees beginning in July 2024.
As we previously reported, the NYC Council approved a bill (returned unsigned by…
Race Discrimination Claims by Broadway Actor Sent Back to the Underworld in the Face of Producer’s First Amendment Rights
A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination claims, in a decision that could have implications across the entertainment industry.
In Moore v. Hadestown Broadway LLC, the plaintiff, a Black…
New York and New Jersey Legislatures Introduce Bills That Seek to Regulate Artificial Intelligence (“AI”) Tools in Employment
By Joseph O’Keefe & Ren Morris
Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New Jersey and one in New York) that follow New York City’s Local Law 144 (“Local Law 144”), a…
New York City Council Introduces Three New Bills Aimed at Non-Competes
Joining an emerging trend of legislative and regulatory hostility towards non-compete agreements, on February 28, 2024, the New York City Council introduced three new bills proposing restrictions on non-compete agreements in New York City. Int. No. 140 proposes an outright ban on non-compete agreements for all workers in New York City. Int. No. 146…
CDC Ends 5-Day Isolation Guideline for COVID-19, Impacting New York State COVID-19 Paid Sick Leave Requirements
On March 1, 2024, the Centers for Disease Control and Prevention (“CDC”) repealed its previous guidance advising a 5-day isolation period for individuals testing positive for COVID-19 and issued consolidated guidance on “Preventing Spread of Respiratory Viruses When You’re Sick.” The new guidance provides unified recommendations for isolation and other precautions for individuals…
Reminder: Illinois Equal Pay Registration Certificate Deadline Approaching
The Illinois Equal Pay Act (“IEPA”) was previously amended to require private businesses with more than 100 employees in Illinois to obtain an Equal Pay Registration Certificate (“EPRC”) by March 23, 2024, and every two years thereafter. We previously posted about this requirement here and here.
Since the IEPA was amended, the Illinois Department…