Many employment contracts contain non-competition clauses. There has long been a body of case law limiting the enforceability of these restrictive covenants in New York. For example, under the so-called BDO Seidman test, a non-compete provision is only enforceable if it is no greater than required to protect the legitimate business interests of the employer, does not impose undue hardship on the employee, and is not injurious to the public. See generally BDO Seidman v. Hirshberg, 93 N.Y.2d 382 (1999).

The BDO Seidman test and other judicially created rules governing non-competition clauses may soon fall by the wayside. On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule (PR) that would largely ban non-competition provisions throughout the United States. The PR follows an executive order issued by President Biden on July 9, 2021, which urged the FTC to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

Continue Reading What Employers Should Know About the FTC’s Proposed Ban on Non-Competition Clauses

The New York Department of Labor has issued a new model sexual harassment policy for all employers in New York State. The new model, which was drafted in consultation with the New York State Division of Human Rights (DHR), expands on the topics of sexual harassment as it pertains to gender identity, bystander intervention, and remote workers. The policy will become final after a 30-day comment period, at which point New York employers will need to familiarize themselves with the changes and incorporate them into workplace practices.

Continue Reading New York State Department of Labor Issues New Model Sexual Harassment Policy

On December 21, 2022, New York joined several other jurisdictions, including New York City, in enacting a compensation transparency law. All New York employers with four or more employees must begin complying with the law starting on September 17, 2023.

Continue Reading New York State Enacts Compensation Transparency Law

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

As the COVID-19 pandemic shifts into a new phase, the rules and regulations surrounding the virus and the workplace continue to evolve. This Employment Alert provides a brief overview of the recent changes to the rules and regulations applicable to New York employers.

Continue Reading COVID-19 Update

On February 15, 2022, the New York State Department of Health announced that COVID-19 will continue to be designated as “a highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York Health and Essential Rights Act (“HERO Act”).

Continue Reading NYS HERO Act Extended Once Again

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

With the recent spread of the Omicron variant, public focus has turned to the question of whether and how quickly an employee can return to work after testing positive for COVID-19. But for some, including those who became ill before a vaccine was available, testing positive is just the beginning, as symptoms can persist for months on end and can affect the ability to partake in certain of life’s activities.

Continue Reading EEOC Updates Guidelines on Whether “Long COVID” is a Disability Under the ADA

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