On Thursday, May 12, 2022, New York City Mayor Adams signed the bill (previously described here) amending New York City’s new law that requires employers to list wage or salary ranges on job advertisements. Most significantly, among other changes, the amendment pushes the effective date of the law from May 15, 2022, to November 1, 2022.

Continue Reading NYC Mayor Signs Off: Amended NYC Pay Range Disclosure Law Will Take Effect November 1, 2022

New York employers that monitor or otherwise intercept their employees’ electronic usage, access, or communication using any electronic devices or systems need to make sure they are following a state law enacted last year, which takes effect very soon. By Saturday, May 7, as explained in full detail here, all employers must comply with

On April 28, 2022, the New York City Council (the “Council”) approved an amendment to a recently enacted pay transparency law, 2022 Local Law 32 (the “Law”) by an overwhelming majority. The Law will require employers to disclose salary ranges in advertisements for jobs that are performed, at least in part, in New York City, and was set to become effective on May 15, 2022. After significant pushback from the business community, the Council introduced a new bill, Int. No. 134-A (the “Amendment”), to offer additional clarity and time for employers to comply. The Amendment is expected to be signed into law by Mayor Eric Adams. Of greatest immediate significance, once signed, the Amendment delays the effective date of the Law from May 15 to November 1, 2022.

The Amendment clarifies that advertisements for any job, promotion or transfer opportunity will have to include a statement of either a minimum and maximum annual salary or the minimum and maximum hourly wage. The Law will apply to advertisements seeking both exempt employees who earn a salary, and non-exempt employees, who may be paid on a salary or hourly basis.

Continue Reading NYC Pay Transparency Law Amended: If Signed by Mayor Adams, Employers Will Have Until November 1, 2022 to Start Disclosing Salary Ranges in Job Postings

A California Superior Court judge has invalidated state legislation that required boards of publicly held corporations headquartered in California to include a minimum number of directors from underrepresented communities.  The court’s decision effectively strikes down Assembly Bill No. 979 (“AB 979”), a law enacted with the goal of increasing diversity on boards of directors, paving the way for a parallel outcome to a similar challenge of a statutory mandate for increased gender diversity on boards of directors.

Promotion of “Underrepresented Communities” Struck Down

Continue Reading Board Diversification by Legislative Mandate? One California Court Says No.

Employers in New York State should be aware of recent new laws as well as some pending bills, all of which seek to bolster harassment and discrimination protections for employees.  As detailed below, New York Governor Kathy Hochul recently signed several bills into law that expand harassment and discrimination protections, while the New York Senate recently passed more bills that would further bolster safeguards for employees and independent contractors in the state.

Continue Reading New York Enacts New Laws to Bolster Harassment and Discrimination Protections, with Additional Proposed Laws Passing the Senate

On March 14, 2022, the EEOC issued a technical assistance document, The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws, which provides guidance as to ways equal employment opportunity laws enforced by the EEOC (“EEO laws”) may apply to caregivers. In conjunction with this, the EEOC added a Section I (“Caregivers/Family Responsibilities”)  to “What You Should Know About COVID-19,” its primary COVID-19 related guidance document. Enforcement guidance issued by the EEOC in 2007, previously addressed circumstances in which discrimination against caregivers might constitute unlawful disparate treatment. The EEOC has issued this new guidance in response to how the COVID-19 pandemic has particularly affected employees with caregiver responsibilities.

Continue Reading A New Protected Class? Not Quite, but the EEOC Is Looking Out for Workers with Caregiving Obligations

On February 9, 2022, New York Governor Kathy Hochul announced that she would let the New York mask mandate lapse on its Thursday, February 10, 2022 expiration date. The Governor’s lifting of the statewide rule, which required businesses to either require proof of vaccination or universal masking indoors, does not yet include an end to mandatory masking in schools, despite a slew of action to that effect in neighboring states, including New Jersey, Connecticut, and Massachusetts. California is also allowing statewide masking requirements for businesses and many other indoor public spaces to expire on February 15, 2022.

Continue Reading Mask Off: New York Governor Drops Mask Mandate, for Now

The  New York State Acting Commissioner of Health has extended the designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the NY HERO Act until February 15, 2022. Accordingly, the airborne infectious disease exposure prevention plans required under Section 1 of the Act must be kept in place through that date, at which point the Commissioner will review whether the designation should be continued.

Continue Reading Keep Your Safety Plans in Place: New York HERO Act COVID-19 Designation Extended Until February 15, 2022

As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days earlier, the Court issued two unsigned decisions per curiam. A 5-4 decision in Biden v. Missouri dissolved a preliminary injunction against enforcement of an interim final rule (“Rule”) promulgated by the Centers for Medicare & Medicaid Services (CMS), requiring recipients of federal Medicare and Medicaid funding to ensure that their employees are vaccinated against COVID-19.

Continue Reading SCOTUS Permits CMS Health Care Vax Rule but Rejects OSHA Vax-or-Test ETS for Large Employers

As we previously reported, in December New York Governor Kathy Hochul issued a mandate requiring that masks be worn in all indoor public places, unless the business or venue requires proof of vaccination for entry.  As part of the state’s “Winter Surge Plan 2.0”, the mandate, which was initially set to expire on January 15, has now been extended for an additional two weeks, through February 1, 2022.

Continue Reading Keep on Masking: NY Governor Extends Mask Mandate Through February 1, 2022