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Jessica Rothenberg

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Jessica focuses her employment practice on three key areas: advice and counsel, corporate transactions, and litigation.

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Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?

A: New York has long imposed burdensome requirements on employers who want to include confidentiality provisions in settlement agreements resolving claims of discrimination, harassment, or retaliation. New York recently amended those requirements, effective November 17. While the amendments lessen the burden on employers in one respect, they increase the burden in several other respects. Violation of the new requirements will result in the invalidation of the employee’s release. As such, it is critical for employers to understand and comply with these new requirements.Continue Reading A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

Q: I heard New York City is adding height and weight as protected categories. What does that mean for employers?

A: Effective November 22, height and weight will be added as protected categories under the New York City Human Rights Law. Employers will be prohibited from discriminating against applicants or employees based on their height or weight. There are no definitions for height or weight, meaning these categories are like race or religion, and all ranges of height and weight are protected.Continue Reading NYC to Prohibit Employment Discrimination Based on Height and Weight

Q: I heard that New York City recently amended the salary transparency law. What are the key aspects of the amendment and when does it go into effect?

A: As discussed in our previous post, an upcoming law requires New York City employers to include salary bands in job advertisements or postings. Employers must include the minimum and maximum salary or hourly rate for the position, and the requirement applies to both internal and external postings.Continue Reading NYC Amends Upcoming Salary Transparency Law and Releases Key Guidance

Q: Has New York City provided any additional details on the employer vaccination mandate?

A: As we previously discussed, effective December 27, all private employers in New York City will be required to implement a vaccine mandate for their employees. The policy must provide that all employees who work in-person in a workplace with other co-workers are required to have at least one dose by December 27.

Employers must complete an Affirmation of Compliance with Workplace Vaccination Requirements (available here) and post the completed affirmation in a public place.
Continue Reading NYC Releases Guidance on December 27 Vaccination Mandate

Q: I heard New York City just announced an employer vaccination mandate. What do I need to know?

A: On December 6, Mayor Bill de Blasio announced that effective December 27, all private employers in New York City will be required to implement a vaccine mandate for their employees. Employers will be required to implement a policy under which all employees who work in-person in a workplace with other co-workers are required to have at least one dose by December 27. Although many details have not yet been announced, based on Mayor de Blasio’s comments thus far, no alternate testing option is expected. The mandate is expected to affect approximately 184,000 businesses in New York City.
Continue Reading NYC Implements Employer Vaccination Mandate Effective December 27

Q: I understand the NY DOL recently released model plans for the NY HERO Act. What do employers need to do to comply?

A: The New York Health and Essential Rights Act (NY HERO Act or Act) requires employers to implement workplace health and safety measures to protect employees during a future airborne infectious disease outbreak. The Act applies to all private employers and to all worksites.Continue Reading New York DOL Releases Model Plans Under HERO Act

This article was originally published by the EACCNY. It is republished here with permission.

Authors
Jessica Rothenberg, Associate, Troutman Pepper
Dr. Tobias Polloczek, Partner, CMS Hasche Sigle
Dr. Justus Redeker, Partner, CMS Hasche Sigle

As COVID-19 vaccination roll-outs become more widespread in the United States and the European Union, employers should proactively consider the impact of vaccinations on return to work policies and practices. The extent to which employers are allowed to dictate vaccination policies varies by country, and the practical approaches employers are taking also varies by country. This article discusses key aspects of the legal landscape for workplace vaccination policies in the U.S. and the EU,[1] as well as important practical considerations. For more details on the legal situation regarding vaccination and testing in the individual EU member states, please also see the recently published “CMS Expert Guide to Vaccination and Testing for Employers.”
Continue Reading COVID-19 Vaccination in the EU and the U.S.: The Employer Perspective

Q: I understand the New York Department of Labor recently released guidance interpreting the New York State Sick Leave Law. What are the key takeaways? Did the guidance answer the questions left open by the legislation?

A: As discussed in our previous post, the New York Sick Leave Law (NYSLL) went into effect on September 30 for accrual purposes, and employees may start using the sick leave on January 1, 2021. The New York Department of Labor recently issued general guidance on its website, and also issued an FAQ document (referred to together as “guidance” for purposes of this post).

Despite the volume of material released, the guidance does not clearly address most of the key questions left open by the NYSLL.  Instead, the guidance focuses on topics already covered in the text of the law (e.g., the definition of family member) and on relatively straightforward questions, such as whether an individual may use sick leave for routine dentist and eye doctor appointments (which is allowed because those are considered preventative medical care).Continue Reading New York Releases Guidance on Paid Sick Leave; Key Questions Remain Unanswered

Q: I heard New York State recently enacted another sick leave law. I thought New York already enacted a COVID-19 sick leave law back in March. How is this new one different?

A: Effective September 30, 2020, New York will have two separate sick leave laws: one specific to COVID-19 (NY COVID-19 Sick Leave Law), and one that is general (New York Sick Leave Law). The covered reasons for leave are more expansive under the New York Sick Leave Law. In addition, unlike the NY COVID-19 Sick Leave Law, which is expected to expire at the end of the pandemic, the New York Sick Leave Law is expected to be permanent.

While employees start accruing New York Sick Leave on September 30, 2020, they may not use the sick leave until January 1, 2021.
Continue Reading New York Sick Leave Goes Into Effect on September 30, 2020