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As with many of the allowances that were made to employment requirements during the heart of the COVID-19 pandemic, the prior leniency for remote inspection of Form I-9 documents is now reverting to pre-pandemic status. In May 2023, U.S. Immigration and Customs Enforcement (ICE) announced that employers have until August 30, 2023, to physically inspect

The New York State legislature recently passed a bill that, if approved by Governor Hochul, would effectively ban all non-compete agreements in New York. The bill would become effective 30 days after it is signed by the Governor.  If this bill becomes law, New York would join a larger nationwide push to ban non-competes, following behind Minnesota, California, North Dakota, and Oklahoma, all of which have passed similar legislation.

In addition to action on the state level, there has been movement on the federal level to ban non-compete agreements. As previously discussed in RMF’s “Most Non-Competes Violate Federal Law According to NLRB General Counsel” blog post, the National Labor and Relations Board has recently issued a memorandum finding that a majority of non-compete agreements violate the National Labor Relations Act.  This trend is further emboldened by the prior directive of President Biden to the Federal Trade Commission to issue a rule banning, or at least limiting, most non-compete agreements in the United States.  More information regarding the Federal Trade Commission’s proposed rule is outlined in RMF’s “What Employers Should Know About the FTC’s Proposed Ban on Non-Competition Clauses” blog post.Continue Reading Is It The Beginning of the End for Non-Compete Agreements in New York?

The Pregnant Workers Fairness Act takes effect today, June 27, 2023. The Pregnant Workers Fairness Act fills the gaps in federal employment laws to require that employers provide reasonable accommodations for known limitations relating to pregnancy, childbirth or related medical conditions. The Pregnant Workers Fairness Act applies to employers with fifteen (15) or more employees.

As we move towards year-end, now is an opportune time for businesses to review their policies to ensure compliance with recent changes in state employment laws and guidance. This Employment Alert provides a brief overview of the recent and pending changes to the laws and regulations applicable to New York employers.Continue Reading Employment Law Update – October 2022

On February 9, 2022, Governor Kathy Hochul announced that beginning on Thursday, February 10, 2022, indoor businesses are no longer required to ensure that all entrants are vaccinated or that they wear face masks. This announcement effectively ends the mask mandate put in place in December 2021. Continue Reading New York Ends Indoor Mask Mandate for Businesses

On January 13, 2022, the U.S. Supreme Court issued a stay of the implementation and enforcement of the COVID-19 Vaccination and Testing  Emergency Temporary Standard, published on November  5,  2021 (86 Fed. Reg. 61402) (“ETS”). This means that the January 10, 2022 and February 9, 2022 deadlines for implementation of the ETS for employers with 100 or more employees are stayed pending further judicial action. Continue Reading Supreme Court Blocks The Large Employer Vaccine Mandate

On January 4, 2022, the New York State Department of Health (“DOH”) issued Interim Updated Isolation & Quarantine Guidance amending the quarantine and isolation periods for individuals who are symptomatic, test positive, or are exposed to COVID-19. The DOH has expressly stated that this new guidance is interim guidance and additional requirements may be added. Nevertheless, employers should immediately review their current COVID-19 policies and procedures and make all necessary changes to ensure they reflect this new guidance.Continue Reading New York Updates Quarantine and Isolation Guidance