Workforce Bulletin

[UPDATE: The New York State Department of Labor has now published an updated Form IA 12.3 (Record of Employment), which employers should use to comply with their notice obligations under S 4878A beginning November 13, 2023.]

For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant employment bills that the Governor recently signed into law, as well as key pieces of legislation that continue to await her review.

Employee ...

As featured in #WorkforceWednesday: This week, we’re detailing the National Labor Relations Board’s (NLRB’s) expanded “joint employer” definition, the recent confirmations of the Equal Employment Opportunity Commission’s (EEOC’s) General Counsel and the Department of Labor’s (DOL’s) Wage and Hour Administrator, and President Biden’s executive order on artificial intelligence (AI).

NLRB Expands Definition of “Joint Employer" 

The NLRB recently published its long-awaited final rule, setting a new test for determining joint-employer ...

As we previously reported, this summer, the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Homeland Security (DHS) announced significant updates to enhance the employment verification process. In addition to an alternative procedure for qualified E-Verify employers to virtually inspect employee documents,  the USCIS and DHS released a new Form I-9. Employers have been able to voluntarily use the new Form I-9 since August 1, 2023, but as of November 1, 2023, such use is now mandatory.  Failure to use the correct edition of the Form I-9 at the time of hire is a ...

As anticipated, the Colorado Department of Labor and Employment (CDLE) has published proposed updates to its Equal Pay Transparency Rules (the “Updated EPT Rules”), which implement the Colorado legislature’s recent amendments (the “2024 Amendments”) to the Equal Pay for Equal Work Act (the “Act”) that take effect January 1, 2024. Below, we identify four areas in which the Updated EPT Rules provide much-needed clarity to Colorado employers regarding their obligations under the 2024 Amendments.

Defined Terms

The Updated EPT Rules incorporate the 2024 ...

As featured in #WorkforceWednesday: This week, we’re focused on California’s array of new and amended laws, including non-competes, employee cannabis usage, minimum wage, and protected time off:

New laws are changing the workplace in California, with looming deadlines for employers to meet. However, what happens in California tends not to stay in California. So, how can employers in California and beyond prepare?

Epstein Becker Green’s David Jacobs and Chelsea Hadaway provide a rundown of some of the new and amended California laws and the preemptive steps ...

On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023, the Rule returns to and expands on the Obama era Browning-Ferris test, scrapping the NLRB’s 2020 Joint Employer test and setting up a potential showdown with the Supreme Court over the “major questions” doctrine and the scope of the NLRB’s administrative authority.

The Final Rule Summarized

 Under the new Rule, any entity that shares or ...

On October 30, 2023, President Joe Biden signed his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI EO), which addresses artificial intelligence issues, including safety, security, privacy, civil rights, immigration, and health care.  The White House also released a companion Fact Sheet summarizing the AI EO (the “Fact Sheet”).  Later in the week, on November 1, 2023, the White House announced that the Office of Management and Budget will release for comment a new draft policy on Advancing Governance, Innovation, and ...

Important changes are coming to the Massachusetts Paid Family and Medical Leave law (PFML),  which requires covered employers to provide eligible employees with paid time off for certain qualifying absences. First, the Massachusetts legislature recently adopted PFML amendments (HB 4053), which, effective November 1, 2023, permit employees to supplement their weekly PFML benefits with accrued paid leave, including vacation, sick time, and other paid time off (PTO). Second, the Massachusetts Department of Paid Family and Medical Leave (DFML) has released the new contribution ...

As featured in #WorkforceWednesday: In this special live episode of our Spilling Secrets podcast series, Epstein Becker Green attorneys Peter A. Steinmeyer and Erik W. Weibust sat down with guests Gina Sarracino, Chief Counsel of Employment and Labor at Thomson Reuters, and Evan Michael, Executive Vice President and General Counsel at NFP, to discuss the hectic state of non-competes in 2023.

As featured in #WorkforceWednesday:  This week, we’re providing an overview of (i) the year-over-year increase in Equal Employment Opportunity Commission (EEOC) lawsuits, (ii) New York’s employee intellectual property (IP) law, and (iii) the collaborative agreement between the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL).

EEOC Lawsuits Increase

For fiscal year 2023, the EEOC reported a 50 percent increase in lawsuits filed by the agency compared to the previous year. The end of the fiscal year typically brings a spike in EEOC-filed lawsuits ...