Employment Law Observer

On November 16, 2024, the New York Clean Slate Act (the "Act") went into effect. Under the Act, certain conviction records will be automatically sealed from public access after a specified time period. The New York State Unified Court System is responsible for sealing all eligible existing conviction records, after which such convictions will become inaccessible.

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the eighth day of the holidays, my labor and employment attorney gave to me eight maids a-milking and SB 2299.

On September 30, 2024, Chief Judge Laura Swain of the Southern District of New York, issued a ruling that a standalone website is not a place of public accommodation under Title III of the Americans With Disabilities Act (ADA).

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the seventh day of the holidays, my labor and employment attorney gave to me seven swans a-swimming and SB 399.

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the fifth day of the holidays, my labor and employment attorney gave to me five golden rings and SB 988.

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers.  On the fourth day of the holidays, my labor and employment attorney gave to me four calling birds and SB 1340.

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the third day of the holidays, my labor and employment attorney gave to me three French hens, AB 1815, and SB 1137. 

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the second day of the holidays, my labor and employment attorney gave to me two turtle doves and SB 1100.

On November 15, 2024, a federal district court in Texas struck down the U.S. Department of Labor ("DOL") Final Rule that would have made over four million additional workers eligible for overtime pay. The Final Rule significantly increased the salary threshold for white-collar workers to be exempt from overtime under the Fair Labor Standards Act ("FLSA").

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but also, as fully as possible to remedy the harmful effects on employees when employers use and apply them."

On September 4, 2024, Governor Kathy Hochul signed the Retail Worker Safety Act  (the "Act") into law. The Act, which takes effect on March 3, 2025, requires retail employers to develop and implement programs to prevent workplace violence. It also requires retail employers with 500 or more retail employees nationwide to install panic buttons by January 1, 2027.

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though the plaintiff's claims arose before the EFAA's enactment.

On August 20, 2024, Judge Ada Brown of the United States District Court for the Northern District of Texas set aside and barred the nationwide implementation and enforcement of the FTC’s Final Noncompete Rule.

On May 11, 2024, a new law went into effect, amending New York City Administrative Code §§ 8-109 and 8-502. The law prohibits provisions in agreements that shorten the timeframe an employee has to file a claim for unlawful discriminatory practices, harassment, or violence under the New York City Human Rights Law ("NYCHRL"). 

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may authorize both employees and a non-exhaustive list of third-party non-employees to act as their representative and accompany OSHA Compliance Safety and Health Officers (CSHO) during physical workplace inspections.

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published a Final Rule to implement regulations aimed at enforcing the Pregnant Workers Fairness Act (PWFA).

On March 14, 2024, the New York Court of Appeals held that nonresident prospective employees who seek employment opportunities in New York State or New York City and are denied due to discriminatory conduct are eligible to assert claims under the New York State Human Rights Law ("NYSHRL") and New York City Human Rights Law ("NYCHRL").

A federal court in Chicago recently granted a preliminary injunction enjoining the Illinois Department of Labor from enforcing one of several amendments made in August 2023 to the Illinois Day Labor and Temporary Labor Services Act (the "Act").

Starting July 1, 2024, New York City employers will be required to distribute a Workers' Bill of Rights to all their current employees and new hires on or before their first day of work.

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the ninth day of the holidays, my labor and employment attorney gave to me nine ladies dancing and SB 428.