Employer Notice Requirements

Educate Managers on FMLA/ADA Overlap

April 26, 2023Employer Notice Requirements, Federal Employment Developments, HR Policies, Leaves and Accommodations

Are your managers familiar with the organization’s overlapping obligations under the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA)? Time and again, I see managers conflate the two, and thereby create liability issu... Read More..

Workplace Breastfeeding Laws Offer General Consistency with Local Nuance

February 14, 2023Connecticut Employers, Employee Relations, Employer Notice Requirements, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers, Tri-State Employers, Wage and Hour Laws

Breastfeeding protections have gone mainstream. Through the magic of a budget spending bill, nursing employees in workplaces throughout the country now have legal protections that will afford them break time and access to spaces outside of toilet... Read More..

Pay Transparency Laws Can Help Workers, But Not in the Way Advertised

February 10, 2023Connecticut Employers, Employer Notice Requirements, New York City Employers, New York Employers, Wage and Hour Laws

Led by the rationale proffered by legislatures in support of pay transparency laws, I have been thinking about them from the wrong perspective. Promoted as a means of closing the gender wage gap, I have been vocal in my criticisms that the laws w... Read More..

Legally-Prescribed Policy Wording Ensnares Those Striving to Be Employers of Choice

February 7, 2023Employer Notice Requirements, HR Policies, New York City Employers, New York Employers, Paid Leave Time, Sick and Safe Leave

I write a lot of policies. They come with the advisory work that I do, and I also gravitate toward those types of projects. In doing that work, one of my frustrations has been the increasing degree to which legislatures are imposing new legal ob... Read More..

Contractor Agreements Subject to Federal/State Law Prohibitions on Confidentiality and Nondisparagement

January 9, 2023Connecticut Employers, Employer Notice Requirements, Harassment/Discrimination, New Jersey Employers, New York Employers

In yet another example of laws blurring the distinction between employees and independent contractors, organizations need to beware that the prohibitions on confidentiality and nondisparagement agreements embodied in the federal Speak Out Act and ... Read More..

Hiring Nationally? Multi-State Employers Must Carefully Navigate Varying Legal Restrictions on Confidentiality and Nondisparagement Clauses

January 5, 2023Connecticut Employers, Employer Notice Requirements, Harassment/Discrimination, New Jersey Employers, New York City Employers, New York Employers

Viewed as a stumbling block or more nefariously in relation to the reporting and investigation of #MeToo complaints, state legislatures across the country have been limiting or outright prohibiting employers from subjecting employees to confidenti... Read More..

New York Employers Face Complementary Federal/State Restrictions on Confidentiality and Nondisparagement Clauses

January 3, 2023Employee Relations, Employer Notice Requirements, New York Employers

New York employers that include confidentiality or nondisparagement clauses in any agreement they enter into with an employee – including offer letters, employment agreements, restrictive covenant/noncompete agreements, severance agreements or set... Read More..

Mandated Pay Transparency – the Public Posting of Salaries Being Offered – Is Imminent in NYC and CA

October 24, 2022Employee Relations, Employer Notice Requirements, HR Policies, New York City Employers

At the onset of the pandemic, when businesses were being shut down, new government edicts were materializing by the hour and it felt like the world had turned on its head, I heard from a great many clients, each trying in their own way to sort thr... Read More..

NYC Employers May Want to Rethink the Value Cost Proposition of Their AI Hiring Tools

October 7, 2022Employer Notice Requirements, HR Policies, New York City Employers

All employers in New York City that rely on artificial intelligence (AI) in their hiring processes are potentially subject to new requirements, beginning January 1, 2023, that they ensure their AI tool has undergone a “bias audit” within the past ... Read More..