Beginning November 8, 2026, employers with New York employees will face new requirements for personnel records, including employee access, notice and retention obligations.
New Access and Notice Requirements
Employees may request a copy of their personnel record in writing, and
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Davis & Gilbert LLP is a New York-based law firm that provides legal services to a diverse client base across the United States and internationally. The firm publishes content focused on legal issues affecting various industries, including advertising, marketing, technology, labor and employment, and data privacy. Their publications often analyze regulatory developments, compliance challenges, and emerging trends such as artificial intelligence in the workplace and consumer protection laws. They also produce industry reports and case studies highlighting legal strategies and outcomes for clients in sectors like retail, digital platforms, and food services. The firm addresses topics like advertising truthfulness, children’s online privacy, data protection regulations, and social media influencer risks.
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Federal Appeals Court Holds Pre-Shift Waiting Time Compensable When Employees Cannot Start Work
A federal appeals court ruled on October 13, 2026 that an employer has to pay for time an employee spends waiting when the employer told that person to be at work at a set time ready to go and then,…
Employees Can Now Skip their Plans’ Internal Appeals Process for Certain ERISA Claims
If you run a retirement plan, a health plan, or work as a third party administrator, a new court ruling could change how lawsuits against your plan are handled.
What Happened?
In Rani Bolton v. Inland Fresh Seafood Corporation of…
California Pushes Back Its Stay-or-Pay Ban to 2027 and Widens the Bonus Exception
California’s stay-or-pay law originally took effect on January 1, 2026, but on September 30, 2026, California amended the legislation and pushed the effective date to January 1, 2027.…
California’s New AI Laws and the Workplace
California Governor Gavin Newsom recently signed a series of bills intended to protect workers from the impact of AI, automated technologies, and AI-assisted surveillance.
The legislation follows the Governor’s Executive Order issued in May 2026, which established a policy framework…
Second Circuit Rules that EFAA Invalidates Arbitration of Non-Harassment Claims in Harassment Cases
The Second Circuit Court of Appeals recently held that when the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) applies to at least one claim in an employee’s lawsuit, the EFAA invalidates a pre-dispute arbitration agreement as…
What the Seventh Circuit’s PBM Decision Means for Self-Insured Health Plans
Sponsors of self-insured health plans should take note of a recent Seventh Circuit case addressing when states can regulate their plans.
On August 26, 2026, the Seventh Circuit upheld the lower court’s ruling in Central States, Southeast and Southwest Areas…
New DOL Guidance Targets Mental Health Parity Act Compliance
On September 8, 2026, the Department of Labor issued new enforcement guidance regarding the Mental Health Parity and Addiction Equity Act (MHPAEA) and its nonquantitative treatment limitation (NQTL) requirements.
Under MHPAEA, group health plans must ensure that any nonquantitative treatment…
California Employers: Bereavement Leave Obligations Are Expanding
Governor Newsom recently signed into law SB 1149, which amends the state’s bereavement leave law to allow for bereavement leave for designated individuals.
Under existing law, California employers with 5 or more employees must provide employees with 5 days…
California Adds Anti-Hate Speech Component to Required Workplace Training
Governor Newsom recently signed into law AB 1803, which will require employers to provide anti-hate speech training.
As a reminder, California employers with 5 or more employees are already required to provide sexual harassment prevention training to employees within…