On April 23, 2024, the U.S. Department of Labor announced its final rule to increase the minimum weekly salary to qualify for the Fair Labor Standards Act white collar exemptions.  The final rule is scheduled to be published in the Federal Register on April 26, 2024, and will become effective on July 1, 2024 ..read more

In a 3-2 vote on April 23, 2024, the Federal Trade Commission (“FTC”) issued its final rule on non-compete clauses, declaring all non-compete clauses to be unfair methods of competition, resulting in a national ban on non-compete clauses.[1]  The FTC’s final rule will have a wide-reaching impact and is analyzed more fully below ..read more

After much anticipation, New York State lawmakers came to a final agreement on a budget bill, which contains several key changes employers should take note of. Three employment law provisions of Gov. Hochul’s executive budget proposal, which we reported on in January, survived in altered form. Others did not make it into the final approved budget bill ..read more

New York has long protected its residents from discrimination in the job hiring process with the New York State Human Rights Law (NYSHRL), which was originally passed in 1945.  New York City also has its own Human Rights Law (NYCHRL) that further covers discrimination in job hiring ..read more

Each year, the EEOC collects workforce data from private sector employers with more than 100 employees (lower thresholds apply to federal contractors). This workforce data is collected through the EEO-1 Component 1 report and includes workplace demographic data such as sex, race and ethnicity, broken down by job category. Employers meeting the reporting thresholds have a legal obligation to provide the data; it is not voluntary.  ..read more

On May 31, 2024, the Occupational Safety and Health Administration’s (OSHA) new “Walkaround” rule will take effect. The amended rule (29 CFR 1903.8(c)) is a sea change for employers, as it was written with the intent of allowing union representatives to participate in OSHA inspections, even in non-union workplaces ..read more

The U.S. Department of Labor (DOL), Office of Federal Contract Compliance Programs (OFCCP) announced that its Contractor Portal will open to receive Affirmative Action Program (AAP) certification submissions on April 1, 2024. The deadline for contractors to certify that they are in compliance with their AAP obligations for each establishment and/or functional unit is set for July 1, 2024 ..read more

On March 8, 2024, the Eastern District of Texas issued a decision striking down the National Labor Relations Board’s (NLRB or Board) recently-adopted rule governing the standard for joint employer status, further delaying the rule’s implementation ..read more

As a reminder, beginning March 12, 2024, Labor Law 201-i prohibits employers from requesting, requiring or coercing an employee or job applicant to: (i) disclose a username and password or other login information in order to access a personal account; (ii) access a personal account in the employer’s presence; or (iii) reproduce information contained within a personal account through unlawful measures. This new legislation also prohibits an employer from discharging or disciplining an employee or refusing to hire an applicant for failure to disclose such information ..read more

On March 1, 2024, the Centers for Disease Control and Prevention (CDC) issued updated guidance related to COVID-19 prevention and treatment. Prior to March 1, 2024, the CDC recommended that individuals who test positive for COVID-19 should isolate for a minimum of five days following a positive test and also follow a period of post-isolation precautions ..read more