Effective Immediately: NY Law Prohibiting NDAs from Including Liquidated Damages Provision in Settlement Agreements Resolving Discrimination Claims

On November 17, 2023, Governor Kathy Hochul signed into legislation S. 4516, amending General Obligations Law § 5-336. The amendment prohibits employers in settlement agreements resolving workplace discrimination claims, including discriminatory harassment and retaliation, from (i) requiring the complainant to pay liquidated damages if the complainant violates any non-disclosure or non-disparagement agreement included in the […]

New Form I-9 and Alternative Verification Procedure Available August 1, 2023

On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced three important changes to the I-9 verification process (Book Law’s previous blog post regarding the end of the COVID-19 flexibilities is here). All three will take effect on August 1, 2023. 1. USCIS will publish a revised version of its Form I-9, Employment […]

Deadline to Comply with Form I-9 Verification Requirements is August 30, 2023

Employers will have until August 30, 2023, to physically examine the identity and employment eligibility documents of workers who were hired on or after March 20, 2020, and whose documents were examined only virtually or remotely. Since March 2020, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have allowed […]

NYS May Increase Salary Threshold For Wage Theft Claims

The New York State Legislature passed a bill that would increase the number of executive, administrative, and professional employees covered by Article 6 of the State’s Labor Law. The bill would increase the salary threshold for covered employees from $900 to $1300 per week. The new law would require employers to pay the newly covered […]

NYS Passes Freelance Isn’t Free Act

In early June 2023, New York State lawmakers approved the Freelance Isn’t Free Act, which would provide protections for freelance workers. New York City enacted a similar law that went into effect in May 2017. The new statewide law would require a hiring party to (i) enter into a written contact with a freelance worker […]

NYC Minimum Wage Hike for App-Based Food Delivery Workers Placed on Hold

On Friday, July 7, 2023, a judge ordered a temporary halt to New York City’s plan to raise the minimum wage for app-based food delivery workers. The law, which was passed in June, was scheduled to go into effect on July 12, 2023. The new law would require restaurant delivery apps to pay their food […]

US Supreme Court Rules on Workplace Religious Accommodation

On June 29, 2023, a unanimous U.S. Supreme Court changed the standard for evaluating when employers must accommodate employees’ religious beliefs that conflict with the workplace. Until now, employers could deny a religious accommodation request if it would impose more than a “de minimis” cost on the business. Under the new standard, employers must show […]

NYS Lactation Policy Law

New York State has adopted a law that requires employers to provide expanded accommodations for breast milk expression in the workplace. As part of this law, employers are required to provide a written policy to employees explaining their rights under the law regarding expressing breast milk in the workplace. The New York State Department of […]