Workforce Bulletin

On March 4, 2025, the New York Senate passed Senate Bill S372 (the “No Severance Ultimatums Act” or “S372”). If enacted, S372 would add a new section to the New York Labor Law requiring New York employers to provide for a 21-business day review period and a seven-day revocation period in all severance agreements. Currently, similar protections are afforded to employees who are over the age of 40 pursuant to the Older Workers Benefit Protection Act (OWBPA), which amends the Age Discrimination in Employment Act (ADEA). Similar protections are also available to New York employees who enter into agreements settling claims of discrimination, harassment, or retaliation, but only if the agreement contains a non-disclosure provision relating to those claims.

Specific Requirements Under Consideration

Under the terms of S372, any severance agreement offered to an employee or former employee will need to:

• contain a notice advising the employee of their right to consult an attorney regarding the agreement;
• provide at least 21 business days for review of the agreement; and,
• acknowledge a seven-day period within which the employee may revoke the agreement.

As featured in #WorkforceWednesday:  This week, we’re showcasing the National Labor Relations Board (NLRB) General Counsel’s memo on non-disparagement and confidentiality provisions in severance agreements, Illinois’ new law permitting Illinois employees to take paid leave “for any reason,” and New Jersey’s upcoming implementation of the “Temporary Workers’ Bill of Rights.”

On April 14, 2020, New Jersey Governor Phil Murphy signed into law a new amendment (“New Amendment”) to the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act, commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), which was modified in January of this year, to among other things, require payment of severance to eligible employees who suffer a NJ WARN Act covered termination of employment and to require 90 days’ notice of such terminations (the “January Amendment,” which we discussed previously here).

The New Amendment, which was driven by ...

Our colleagues Michelle Capezza, Jeffrey M. Landes, and Susan Gross Sholinsky will host Epstein Becker Green's retail roundtable summit from 12:00 p.m. - 2:00 p.m. on May 21. Join us for an open discussion among retail industry executives. The summit will be devoted to retail industry labor and employment issues that general counsel and human resources executives are facing.

Topics to include:

• Legal, logistical, ethical, and other factors to consider when creating and implementing internship programs
• Ramifications of newly-enacted state and local laws on handbook policies ...