Zachary Siegel

Firm/Organization: Hogan Lovells

Blogs: All in a Day's Work: The Employer's Legal Guide

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All in a Day's Work: The Employer's Legal Guide

Salary History Ban Coming to New York?

By Michael E. DeLarco & Zachary Siegel on July 2, 2019

Last week, the New York State Legislature passed a bill prohibiting employers from asking about the salary history of prospective and current employees. Aimed at curtailing wage discrimination and pay disparity, the bill applies broadly. The bill, in its current form, applies to all employers along with recruiters or similar entities that connect applicants with employers. Under the bill, an employer may not consider wage or salary history in deciding whether to (1) offer employment,…

All in a Day's Work: The Employer's Legal Guide

Minnesota Court Clarifies Key Difference Between Federal and State Discrimination Laws

By Michael E. DeLarco & Zachary Siegel on April 30, 2019

Employers in Minnesota should be aware of a key difference between federal and Minnesota employment law. In McBee v. Team Industries, Inc., the Minnesota Supreme Court held that, unlike the federal Americans with Disabilities Act (ADA), the Minnesota Human Rights Act (MHRA) does not require employers to engage in an interactive process before deciding whether to accommodate an employee who claims to have a disability. The interactive process is a duty that the ADA places…

All in a Day's Work: The Employer's Legal Guide

Controversial EEO-1 Pay Data Compliance Date Set

By Zachary Siegel on April 26, 2019

Following up on our prior posts here and here, after over a month of delays, a federal district court judge has ruled that employers with at least 100 employees (“covered employers”) must submit EEO-1 survey data on employees’ pay and hours worked in 2018 by September 30, 2019. Judge Tanya Chutkan of the U.S. District Court for the District of Columbia also ruled that covered employers must turn over two years of pay data…

All in a Day's Work: The Employer's Legal Guide

NYC Rolls Out Comprehensive Anti-Sexual Harassment Training

By Michael E. DeLarco, David Mitchell, Zachary Siegel & Maria Benvenuto on April 1, 2019

As of April 1, 2019, sexual harassment prevention training has become fully ingrained in both New York State and City law. As noted in past posts, just this past October, the State of New York mandated that all employers in New York State must either adopt or develop a sexual harassment policy that meets certain requirements, including the requirement that all employees engage in annual, interactive anti-harassment training. New York City has also implemented…

All in a Day's Work: The Employer's Legal Guide

New York State Statute Now Protects Gender Identity in the Workplace

By Kenneth Kirschner & Zachary Siegel on February 25, 2019

Employers in New York should ensure that their policies and practices are compliant with changes to New York law that are set to take effect soon. GENDA, the Gender Expression Non-Discrimination Act, will be effective on February 24th, 2019. This new law adds “gender identity” and “gender expression” as protected classes in the state’s human rights and hate crime laws, including those laws targeting workplace discrimination. GENDA’s changes impact employers in New York. First, GENDA…

All in a Day's Work: The Employer's Legal Guide

Acknowledgment Does Not Equal Agreement Says New Jersey Appellate Division

By Michael E. DeLarco, David J. Baron & Zachary Siegel on January 31, 2019

Following up on a recent post about the intricacies of mandatory arbitration agreements in the workplace, the New Jersey Appellate Division recently held that an arbitration clause that employees did not explicitly agree to was unenforceable. The arbitration clause was presented in a training module that was sent to employees, which the employees were then required to acknowledge. The key fact for the Appellate Division in finding the arbitration agreement unenforceable was that the employees…

All in a Day's Work: The Employer's Legal Guide

Hyperlink Click Enough to Compel Arbitration Says New Jersey Federal Judge

By Michael E. DeLarco & Zachary Siegel on January 16, 2019

New Jersey employers seeking to compel arbitration secured a big win earlier this month when a federal judge ruled that former employees agreed to an arbitration agreement by clicking on a hyperlink sent to them by their employer. The judge decided in favor of the employer even though the employer could not prove that the employees read or understood the terms of the agreement. “Plaintiffs’ argument that clicking on the hyperlink does not prove they…

All in a Day's Work: The Employer's Legal Guide

New Jersey’s New Earned Sick Leave Act: Answers to Frequently Asked Questions

By Michael E. DeLarco, David J. Baron, David Mitchell & Zachary Siegel on December 17, 2018

New Jersey’s New Earned Sick Leave Act: Answers to Frequently Asked Questions Just a reminder, the New Jersey Earned Sick Leave Act (the “Act”) went into effect on October 29, 2018. Which employers are covered? The Act applies to all private New Jersey employers. It applies to all public New Jersey employers with one exception. New Jersey public employers who already provide sick leave at full pay pursuant to any New Jersey rule or law other…

All in a Day's Work: The Employer's Legal Guide

New York Minimum Wage Set to Increase Again on December 31, 2018

By Michael E. DeLarco & Zachary Siegel on November 13, 2018

Effective December 31, 2018 the minimum wage will rise across New York. The new minimum wage will vary depending on the location and, in New York City, the size of the business. In order for exempt employees to remain exempt into the new year, employers will need to ensure that their annual salaries meet the new required minimum salary threshold. Beginning December 31, 2018, the following minimum wages are in effect: Hourly Employees: Employers outside…

All in a Day's Work: The Employer's Legal Guide

Employers Must Update Background Check Paperwork Under the Fair Credit Reporting Act

By George Ingham, Amy F. Kett & Zachary Siegel on October 17, 2018

Effectively immediately, employers who perform background checks on applicants or employees using third party consumer reporting agencies (these background checks are known as “consumer reports”) need to update their background check paperwork under the Fair Credit Reporting Act (“FCRA”) by replacing their old “Summary of Your Rights Under the Fair Credit Reporting Act” forms with a new, revised version, available here. The new version of the form includes information regarding an individual’s right to…

Zachary Siegel

Salary History Ban Coming to New York?

Minnesota Court Clarifies Key Difference Between Federal and State Discrimination Laws

Controversial EEO-1 Pay Data Compliance Date Set

NYC Rolls Out Comprehensive Anti-Sexual Harassment Training

New York State Statute Now Protects Gender Identity in the Workplace

Acknowledgment Does Not Equal Agreement Says New Jersey Appellate Division

Hyperlink Click Enough to Compel Arbitration Says New Jersey Federal Judge

New Jersey’s New Earned Sick Leave Act: Answers to Frequently Asked Questions

New York Minimum Wage Set to Increase Again on December 31, 2018

Employers Must Update Background Check Paperwork Under the Fair Credit Reporting Act

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