LEL Blog

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..

Is Pay Transparency Just Legislators Throwing Arrows at a Dartboard, Missing the Root Problem

December 8, 2022Connecticut Employers, Employee Relations, New York City Employers, New York Employers, Wage and Hour Laws

What if all these new legislative initiatives at pay transparency are solving the wrong problem? Touted as a solution to pay inequity, a recent study lends much reason to question the viability of that approach. And from personal experience as a... Read More..

Sometimes We All Need a Little Help – and a Cooperative Dialogue with our Employer to Get Us There

November 25, 2022Employee Relations, HR Policies, New Jersey Employers, New York City Employers, New York Employers, Sick and Safe Leave, Tri-State Employers

I have been thinking a lot about managing physical and mental impairments recently. Not the permanent ones, but the ones that may come on suddenl... 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..

Workplace Investigations: Why Get a Written Report

September 7, 2023Connecticut Employers, Employee Relations, Harassment/Discrimination, New Jersey Employers, New York City Employers, New York Employers, Workplace Investigations

One of the thorny process questions that eventually arises in any workplace investigation is whether and how to memorialize the findings and conclusions from the investigation. Is it sufficient just to save the notes from the investigation intervi... Read More..

National Panel Recommends EEOC Collect Even More Employee Data as Solution to Inadequacies of Past Pay Data Collection

September 6, 2022Connecticut Employers, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers

In 2017 and 2018, employers with 100 or more employees were required to participate in what was effectively a grand experiment. In addition to filing an annual EEO-1 form with the Equal Employment Opportunity Commission (EEOC), which collects cer... Read More..

Unlimited Time Off Presents Hidden Challenges for Employers

August 29, 2022Connecticut Employers, Employee Relations, Employer Notice Requirements, HR Policies, New Jersey Employers, New York City Employers, New York Employers, Paid Leave Time, Sick and Safe Leave, Wage and Hour Laws

I have increasingly been fielding inquiries from organizations that are looking to implement some version of unlimited time off for their employees. They saw that employees continued to be productive while working remotely during the pandemic, and... Read More..

Employer’s Enforcement of Social Media Policies May Turn on State Law

August 16, 2022Connecticut Employers, Employee Relations, Harassment/Discrimination, HR Policies, New Jersey Employers, New York Employers, Tri-State Employers

Can you discipline or even fire an employee for postings on a personal social media account that convey a message inconsistent with the values of the organization? The answer may depend on geography. State borders affect employees’ workplace r... Read More..