Kevin M. Passerini and Anthony A. Mingione ● On June 20, 2023, the New York Assembly passed a bill already passed by the Senate banning all post-employment noncompete agreements with workers. The bill is headed to Governor Kathy Hochul’s office for
Blank Rome Workplace
Blank Rome Workplace, published by Blank Rome, focuses on legal developments and issues related to labor and employment law. The blog covers topics such as employee rights, workplace regulations, wage and hour laws, pay transparency mandates, diversity, equity, and inclusion (DEI) initiatives, and enforcement of worker protection ordinances. It provides updates on legislative changes, administrative policies, and court decisions affecting employers and employees. The content addresses practical implications for businesses navigating evolving workplace legal requirements and compliance challenges across various jurisdictions.
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Deadlines Are Fast Approaching for Chicago and Illinois Employers
Krista P. McDonald ● Several deadlines are on the horizon for Chicago and Illinois employers. Businesses should be aware of what they need to do to comply, or they may face significant daily penalties. Employers Must Conduct Required New Sexual Harassment…
A Tall Order: NYC Prohibits Height and Weight Discrimination in Employment
Anthony A. Mingione ● On May 26, 2023, New York City Mayor Eric Adams signed a bill that will prohibit discrimination based on an applicant or employee’s actual or perceived height or weight. This bill amends the New York City Human…
U.S. Supreme Court Grants Companies the Right to Sue Unions for Intentional Property Damage Resulting from Labor Strikes
Garrett P. Buttrey, Andrew I. Herman, and Anthony B. Haller ● On June 1, 2023, the Supreme Court of the United States issued an 8-1 opinion in Glacier Northwest, Inc. v. Teamsters, finding that conduct intentionally undertaken to cause damage to the employer’s…
NLRB GC Declares (Virtually) All Non-Compete Agreements Illegal
Jason E. Reisman ● Snapshot Summary Yes, the National Labor Relations Board (“NLRB”) General Counsel (“GC”) says virtually all non-compete agreements are illegal. However, although this is the GC’s strong personal view, she does not directly make the law or…
U.S DOL Offers Some Good News for Smaller Businesses with 401(K) Plans
Daniel L. Morgan ● It’s not often that business owners get good news from the government, but small and even some medium-sized businesses with 401(k) plans got a helping hand from the U.S. Department of Labor (“DOL”) earlier this year when…
NLRB’s General Counsel Foreshadows More Expansive Restrictions on Separation Agreements Following the Board’s McLaren Macomb Decision
Andrew I. Herman, Garrett P. Buttrey, and Jason E. Reisman Overview: On February 21, 2023, the National Labor Relations Board (“NLRB” or Board) found two routinely standard separation agreement provisions—confidentiality as to the agreement and non-disparagement—to be unlawful when included…
The DOJ’s Newest Pilot Program on Compensation and Clawbacks: Executives and Employees Should Reap What They Sow
Jennifer L. Achilles, Brooke T. Iley, Anthony A. Mingione, Shawn M. Wright, and Amelia Clegg Employers will not be able to take full advantage of the DOJ’s new program if their compensation systems do not permit clawbacks from wrongdoer employees.…
NIST Issues Guidance to Help Companies and Organizations Operationalize AI Risk Management
Brian Wm. Higgins ● The U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) last week released an Artificial Intelligence Risk Management Framework (“AI RMF 1.0”). Calling it a guidance document for voluntary use by organizations in designing, developing,…
NYC Employers Using AI For Screening Beware
Anthony A. Mingione, Mara B. Levin, and Amelia Clegg Starting January 1, 2023, New York City employers that utilize artificial intelligence (“AI”) decision-making tools in their hiring practices will need to provide notice to applicants of the technology and conduct…