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

On March 1, New York City’s “revival window” opens for survivors of gender-motivated violence. The revival window, also referred to as a “lookback period,” runs until March 1, 2025, providing survivors with two years to bring civil claims against “a party who commits, directs, enables, participates in, or conspires in the commission of a crime of violence motivated by gender,”[1] including previously time-barred claims.Continue Reading New York City’s Revival Window Opens for Gender-Motivated Violence Survivors

On November 24, New York’s Adult Survivors Act “revival window” is set to open for adult victims of sexual abuse. Revival windows, also called “lookback periods,” provide a limited period, usually at least one year, for sexual abuse victims to file otherwise time-barred civil claims. New York previously opened a revival window for minor victims of sexual abuse under its 2019 Child Victim’s Act, which closed in August 2021.Continue Reading Employers and Others Prepare for New York’s Adult Survivors Act Revival Window Opening November 24

Q: What is New York’s Adult Survivors Act?

On May 24, New York State enacted the Adult Survivors Act, which provides a one-year “revival window,” commencing on November 24, 2022, for adult victims of sexual abuse. Enactment of such “revival statutes” (a/k/a revival window or lookback period statutes) is the latest trend for #MeToo era legislatures grappling with shifting societal views of limitations periods for sexual abuse claims. Although the parameters of revival statutes can differ, essentially, they provide a limited period, usually at least one year, for sexual abuse victims to file civil claims that would otherwise be time-barred. Often these statutes also include prospective enlargements of civil and criminal limitations periods or otherwise expand the scope of potential liability going forward. In recent years, nearly half of U.S. state legislatures have passed laws opening revival windows for sexual abuse cases.Continue Reading Widespread “Revival Statutes” Forcing Employers to Take Stock of Past Practices and Prepare for a Barrage of Sexual Misconduct Litigation: New York Becomes the Latest State to Enact Revival Legislation for Adult Victims

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: What do employers need to know about state and local pay transparency and salary equity laws?

A: Pay equity has been a hot topic for employers over the last few years and it continues to make headlines. Today, March 8, is International Women’s Day and March 15 marks this year’s “Equal Pay Day” – a date meant to symbolize how far into the year women must work to earn what men earned in the previous year.Continue Reading Pay Transparency and Salary Equity Laws: Coming to a State Near You?

Q. As a New York employer, what do I need to know about the amendments to New York’s Labor Law regarding whistleblowers?

A. Effective January 26, New York State enacted legislation significantly expanding whistleblower protections under Section 740 of the New York Labor Law. In passing this law, New York has become one of the most pro-employee whistleblower jurisdictions in the country. The amendments expand the scope of individuals protected, the definition of protected activity, the types of employment-related actions that constitute retaliation, the available remedies for aggrieved employees, and the notice requirements for employers.Continue Reading New York Expands Whistleblower Protections Under Section 740 of the Labor Law

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