Takeaways

Covered in this issue are new protections of select non-exempt workers in New York and New Jersey, continued regulation of AI in hiring NYC employees, updates to New York’s model harassment prevention materials, new FMLA decisions from the US DOL, and court decisions on harassment, overtime liability, and military leave.

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New York State has new laws on pay transparency, lactation accommodations, employee time off, new protected classes, workplace postings, warehouse workers and human trafficking.  In addition to that whirlwind of new legislation, the federal government has expanded protections for pregnant and nursing employees throughout the country.  New York City is still working to implement bias audits for automated hiring decisions and New Jersey is moving forward with mandatory severance for large-scale reductions in force, among other developments from the past quarter.

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Developments this past quarter include shifting federal discrimination protections and expanded protections in Connecticut; new employer obligations in New Jersey and updated federal workplace posters; the unwinding of COVID mandates and a survey of what rules remain in effect; and a series of notable recent court decisions.

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Pay transparency predominates in New York, while employer speech is being regulated in Connecticut.  Recent New Jersey court decisions have addressed employee speech, and the Supreme Court has ruled on waiver of arbitration and federal contractors’ damages liability under anti-discrimination laws.  Also covered is the most recent EEOC guidance on hiring practices.

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Sexual harassment prevention laws are again proliferating at the federal and New York State level, while federal agencies are enhancing enforcement of employee protections and New Jersey has added some new limits on employment at-will and enhanced employee privacy protections. Our quarterly pandemic response guide updates employers on mandates that have abated, new government guidance, and new compliance obligations.

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