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The drafting of restrictive covenants requires a careful review of the facts.
These facts focus on the legitimate business needs of the employer, the role of the employee and the common practices in the applicable industry, and the law in the jurisdictions applicable to the employer and employee. Courts are more likely to enforce restrictive covenants that are tailored to balance both the legitimate business interests of the employer and the employee’s legitimate need to earn a livelihood in their chosen profession. Read more >
Reminder: Effective March 20, 2024, New York City Earned Safe and Sick Time Act Allows a Private Right of Action
As we previously reported, effective March 20, 2024, the New York City Earned Safe and Sick Time Act (“ESSTA”) now allows employees to bring a private right of action for alleged violations of ESSTA. Employees will have two years from the date they first knew or should have known about the alleged violation to file a lawsuit.
Before the amendment, employees alleging violations of the ESSTA could only seek administrative action by filing a complaint with the Department of Consumer and Worker Protection (“DCWP”). Read more >
EEOC Issues Final Rule to Implement the Pregnant Workers Fairness Act
On April 15, 2024, the EEOC issued a final rule and interpretive guidance on the Pregnant Workers Fairness Act (“PWFA”). The final rule provides clarification on the law, which took effect June 27, 2023.
As you may recall, the PWFA requires a covered entity to provide reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an undue hardship on the operation of the business of the covered entity. Read more >
FTC Issues Final Rule that Bans Most Non-Compete Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule approving its proposal to ban non-compete agreements for all workers including independent contractors, externs, interns, volunteers, apprentices, and sole proprietors who provide a service to a person.
Specifically, the rule states that “…it is an unfair method of competition – and therefore a violation of Section 5 of the FTC Act – for employers to enter into non-compete agreements with workers after the effective date.” Read more >
New York State 2025 Budget Provides End Date for COVID-19 Paid Sick Leave and Amends Labor Law to Require New Paid Prenatal Personal Leave
On April 20, 2024, Governor Kathy Hochul signed the Fiscal Year 2025 New York State Budget (the “2025 NYS Budget”), implementing two significant changes to New York leave laws.
Importantly, the 2025 NYS Budget establishes that New York State COVID-19 paid sick leave will come to an end as of July 31, 2025 (this is delayed a year from Governor Hochul’s previously proposed sunset date of July 31, 2024). Read more >