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Category Archives: News & Commentary

New York State Bans Mandatory Anti-Union Meetings

A new law in New York State bars employers from terminating employees that refuse to attend captive audience meetings. The law was signed by Governor Kathy Hochul on September 6, 2023, and took immediate effect. Captive audience meetings are mandatory meetings conducted by employers, for the purpose of discouraging their employees from forming or joining…

New York City Outlaws Height and Weight Discrimination

New York City has outlawed discrimination based on height and weight in employment, housing, and public accommodations. Effective on November 22, 2023, the new law amends the New York City Human Rights Law to protect people who experienced height and weight discrimination similar to how the law would protect someone who experienced other kinds of…

Taking FMLA Leave? Here’s How Holidays Might Affect Your Time Off

On May 30, 2023, the United States Department of Labor (DOL) released an opinion letter clarifying how holidays factor into calculations of family medical leave. The Family and Medical Leave Act (FMLA) protects the right of eligible employees to take unpaid, job-protected time off for up to 12 workweeks in a 12-month period. Employees can…

Non-Competes Violate the National Labor Relations Act Says National Labor Relations Board General Counsel

Non-compete agreements, whether stand-alone or in employment or severance agreements, almost always violate the National Labor Relations Act, according to the National Labor Relations Board General Counsel, Jennifer Abruzzo. A non-compete is a contractual term between an employer and a worker that goes into effect once the employee stops working for that employer. It attempts…

Pumping at Work? Department of Labor Issues Additional Guidance for Nursing Employees

The U.S. Department of Labor recently issued additional guidance on employees’ rights to pump milk at work under the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act). The Fair Labor Standards Act (FLSA) was amended in 2010 to guarantee reasonable break time and space for employees pumping milk at work. The PUMP…

Chatbots in Hiring? EEOC Says Artificial Intelligence Used in Hiring and Firing Is Subject to Employment Discrimination Law

The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance explaining how anti-discrimination law applies to the use of artificial intelligence in hiring, firing, and promotion decisions. As Artificial Intelligence (AI) and algorithmic tools become more prevalent, it becomes increasingly essential for workers to understand how anti-discrimination laws might protect them. Title VII is a…

Pregnant Workers Fairness Act Expands Protections for Pregnant Workers

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) will go into effect, providing new protections for pregnant workers across the United States. The PWFA will require employers with 15 or more employees to provide reasonable accommodations to workers for known limitations related to pregnancy, childbirth, or related medical conditions, unless it would cause…

Can a Potential New York Employer Ask My Current Salary?

In October 2017, New York City made it illegal for private and public employers to ask about a job applicant’s salary history. Employers can’t ask about other benefits or compensation a job applicant received either and includes questions directly asked by the employer or the employer’s employees, like a human resources representative. Employers can speak…