In a divided decision handed down yesterday, January 17, the United States Court of Appeals for the D.C. Circuit partially affirmed the decision of a federal District Court eliminating, in part, aspects of an employer-friendly 2019 Rule put in place by the National Labor Relations Board (“NLRB”) to “ensure fair and accurate voting, transparency, uniformity, certainty and finality, and efficiency” in the union election process by, in effect, slowing some of the Obama-era NLRB’s “quickie election” procedures. … Continue Reading
On August 26, 2022, the United States Court of Appeals for the Eleventh Circuit narrowed the nationwide injunction of Executive Order 14042, which requires federal contractors and employees who work on or in connection with a covered federal contract, or share a workplace with another employee who works on or in connection with such contracts, to be fully vaccinated against COVID-19.… Continue Reading
Our last edition focused on the new pay transparency law in New York City. The New York State Legislature passed Senate Bill 9427A, which would impose salary disclosure requirements similar to those issued in New York City. The bill would require employers to disclose the compensation or a range of compensation (i.e.… Continue Reading
Welcome back to Ballard Spahr’s New York Minute. Below are some of the latest developments impacting employers in the fast-paced and ever-evolving New York market. Please contact us with questions regarding the topics below or for any other guidance related employment laws covering New York employers.
Electronic Employee Monitoring Law Effective May 7, 2022
Beginning May 7, 2022, New York employers that electronically monitor phones, emails, and/or internet usage (among other sources) will be required to give written notice of that monitoring to new employees upon hiring, and must also post a notice of those monitoring efforts in the workplace.… Continue Reading
A quick update on key legal developments for employers with employees in New York.
- Whistleblower Protections. Expanded whistleblower protections under New York Labor Law Section 740 are now in place. Effective January 26, 2022, the amendments to Section 740 expand private-sector whistleblower protections beyond reports of public health and safety concerns and health care fraud.
On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released several pieces of guidance aimed at addressing discrimination against caregivers, including:
- A technical assistance document entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law”;
- Updated COVID-19 guidance, entitled “What You Should Know,” which explains what may constitute discrimination against employees and job seekers with family caregiving responsibilities; and
- A short video explaining caregiver discrimination in both English and Spanish.