New NLRB Guidance on Immigrant Worker Protections and Rights

On May 2, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released new guidance to ensure immigrant workers are protected under the National Labor Relations Act (NLRA) to freely exercise their rights to organize and take action to improve their working conditions. The guidance instructs regional NLRB offices to distribute information and advise witnesses…

What Employers Must Know About Employee Surveillance in NY

On May 7, 2022, New York Governor Kathy Hochul signed an amendment to the New York State Civil Rights Law requiring every private sector employer that engages in internet, telephonic, or email monitoring of its employees to notify them about such surveillance practices. The law, Senate Bill 2628, applies to employers who intercept or monitor…

NYS New Laws Fight Against Workplace Harassment & Retaliation

On March 16, 2022, New York Governor Hochul signed two important laws to strengthen protections against workplace harassment and retaliation. S.5870 prohibits the release of personnel files as a retaliatory action against employees and S.812B establishes a toll-free confidential hotline for complaints of workplace sexual harassment Legislation S.812B requires the Division of Human Rights to…

Congress Ends Mandatory Arbitration of Sexual Harassment Claims

Both houses of the U.S. Congress overwhelmingly passed legislation that is now headed to President Biden’s desk to end forced arbitration of sexual assault and harassment claims. When signed, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 would amend the Federal Arbitration Act to essentially void and prohibit the enforcement…

What does New York State’s New Whistleblower Law Mean?

Effective January 22, 2022, New York State’s amended whistleblower law significantly expands section 740 of the New York Labor Law to provide greater protections to whistleblowers against employer retaliation. Under the recent amendments, employees include former employees and independent contractors. By including former employees, the new law protects employees against a former employer’s retaliatory actions…