Employment Laws

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the employment law fundamentals that help startups build on solid ground from day one, using clips from the TV show Silicon Valley to illustrate common pitfalls. Joined by Alec Miller, general counsel at Turnkey, a Series B crypto infrastructure company, they discuss why most startup employment problems are cheap to prevent and expensive to fix. The conversation covers the importance of clear offer letters and at-will language, independent contractor classification, equity-for-work arrangements, IP assignment and restrictive covenants, must-have workplace policies, wage-and-hour compliance, and best practices for terminations, severance, and layoffs. Tune in to learn how founders can benefit from treating employment counsel as part of the founding team and building compliance into their company before the Series A diligence team comes calling.

Philadelphia employers should review their criminal background investigation practices and procedures in light of recent amendments to Philadelphia’s Fair Criminal Record Screening Standards Ordinance (FCRSS) that took effect on January 6, 2026, after being signed into law on October 8, 2025.

New York enacted several new employment laws that went into effect at the end of 2025 or will take effect in early 2026. These laws include a prohibition on employment promissory notes as a condition of employment, increases to the minimum wage and exempt salary threshold, a codification of disparate impact discrimination, and the prohibition on the use of credit checks for employment purposes. In addition, New York City expanded its Earned Safe and Sick Time Act (ESSTA) in several key respects. These collectively add a considerable burden on employers with employees in New York but, if steps are taken to meet or sidestep these new laws, companies can avoid needlessly exposing themselves to workplace liability.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter use the hit legal drama Suits as a springboard to unpack the key differences — and surprising overlaps — between U.S. and Canadian employment law. Joined by Chris Andree, an employment partner at Gowling WLG, they explore what cross-border employers need to know about Canadian law, from the absence of at-will employment and the requirement of lengthy notice periods, to the high bar for “just cause” for employee terminations. The team also tackles drug and cannabis testing in safety-sensitive roles and generous government-mandated leave entitlements. Tune in for practical takeaways on harmonizing policies, documenting decisions, and partnering with local counsel to help ensure your real-world issues don’t become TV-drama-level crises.

On June 1, new job posting requirements took effect in New Jersey under the New Jersey Pay and Benefit Transparency Act. The “Pay Transparency Act,” signed into law by Governor Phil Murphy in November 2024, requires employers to include information about compensation in job postings. Employers also must take steps to make current employees aware of internal promotional opportunities.

Labor + Employment Workforce Watch is a guide to the employment law developments most likely to impact your business. The Troutman Pepper Locke Labor + Employment Team represents employers in the most sensitive workplace matters, enabling our clients to concentrate on their core business operations. Our team is adept at handling and managing labor and employment issues on national, international, and local levels. Recognized as a leading law firm by Chambers USA, our attorneys provide comprehensive advice on every type of employment issue a company may encounter, at every stage of the employment life cycle.

Q. Is there a new standard in New Jersey for disparate impact discrimination?

A. The New Jersey Division on Civil Rights recently proposed new rules revising the legal standard for disparate impact discrimination and outlining the burdens of proof required under the New Jersey Law Against Discrimination. In addition to outlining a new standard for disparate impact discrimination in employment, the rules also include updated standards and guidance for housing, housing financial assistance, public accommodations, and contracting sectors.

Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification under Section 5 of the FTC Act, as an unfair method of competition. Commissioner Bedoya advocated that worker misclassification — when an employer classifies a worker, who should be an employee, as an independent contractor — satisfies the criteria established by the FTC in its November 2022 policy statement, for when conduct constitutes an unfair method of competition. Specifically, the commissioner stated that worker misclassification distorts competitive conditions when it allows companies who improperly classify their employees as independent contractors to underbid those competitors that correctly classify employees. Additionally, worker misclassification may be coercive, exploitative, and abusive when workers who know they are being misclassified feel that they have no choice but to accept such treatment. Commissioner Bedoya also suggested that an employer’s efforts to limit the independence of a worker classified as an independent contractor could constitute an illegal vertical restraint on trade.