The New York Trapped at Work Act (NY Labor Law §§1050 et seq.) (the “Act”) prohibits employers from requiring employees or potential employees to sign “employment promissory notes” or other similar provisions as a condition of employment. Earlier in 2026, Governor Hochul signed an amendment to the Act, to narrow its applicability and
New York law requires employers to report newly hired or rehired employees and the engagement of certain independent contractors to the New York State Department of Taxation and Finance. Below is a summary of employer’s reporting requirements under the law ( the “New Hire Reporting Law”).
Who is an “employer” under the New
In 2018, New York State enacted the Paid Family Leave Benefits Law (“PFL”), which is employee-funded insurance to allow eligible employees to take paid, job-protected time off to care for a family member. The amount of leave and pay has periodically increased since 2018. Currently an eligible employee may take up to 12
On August 20, 2024, the United States District Court for the Northern District of Texas issued a Memorandum Opinion and Order setting aside, on a nationwide basis, the Federal Trade Commission’s (“FTC”) Non-Compete Rule (Ryan LLC v. Federal Trade Commission (3:24-cv-986)). The Court decided that the FTC’s Non-Compete Rule was unlawful and
As we discussed in an earlier post, the Federal Trade Commission (“FTC”) issued a final rule prohibiting post-employment non-compete clauses for workers in the United States. FTC’s final rule takes effect on September 4, 2024. However, the rule is currently being litigated in several jurisdictions, including applications for preliminary injunction to prevent it from
As we discussed in an earlier post, the Federal Trade Commission (“FTC”) issued a final rule prohibiting post-employment non-compete clauses for workers in the United States. FTC’s final rule takes effect on September 4, 2024. However, the rule is currently being litigated in several jurisdictions, including applications for preliminary injunction to prevent it from
The New York labor law requires every employer, no matter its size (including a family business), to adopt a sexual harassment prevention policy that meets or exceeds the minimum standards set by New York State. Every such policy must include examples of prohibited conduct, a complaint form, procedures for investigation of any complaint, information on
As discussed in my recent blog, the National Labor Relations Board (NLRB) in its McLaren Macomb decision has ruled that confidentiality clauses which prohibit an employee from disclosing the terms of her or his severance agreement and clauses that prohibit an employee from disparaging their employer as conditions to receipt of a severance payment
It has long been common practice for employers to require a terminated employee to sign a separation agreement as a condition to receiving a severance payment. Such agreements usually include, among other things, the amount and timing of such payments, a general release in favor of the employer (including specific age discrimination waivers if the
New York Governor Kathy Hochul recently signed S.B. 4394, an amendment of Section 740 of the New York Labor Law that amounts to a significant expansion of safeguards for whistleblowers. Effective January 26, 2022, the new law broadens the definition of retaliation, creates new notice and reporting requirements, extends certain protections to former employees and