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New York never rests–especially for employers–and 2023 was no exception. In 2023, New York employers were required to continuously pivot to meet new obligations and adhere to new limitations under freshly-enacted laws, and to closely follow landmark legislation that would significantly impact the workplace if signed. At the top of the list: S3100, a bill that would have banned employers’ use of employee noncompetes if signed (but employers can now breathe a sigh of relief, because Governor Hochul recently vetoed the bill). 2024 promises to continue to be dynamic for New York employers.

Here are ten of the most important changes New York employers need to know right now as we step into 2024–as well as what’s coming down the pike, a couple of important changes you may have missed, and what we’re keeping an eye on as we step into the new year.  

What you need to know right now

1. New York’s bill restricting noncompetes vetoed by Governor Hochul

On December 22, 2023 Governor Hochul vetoed S3100, which would have been the most restrictive state-level ban on employers’ use of noncompetes to date if it had been signed into law. Passed by the New York State Assembly in June 2023, S3100 provided that every contract restraining anyone from engaging in a lawful profession, trade or business of any kind is void to the extent of the restraint; allowed a private right of action for employees; and did not have an explicit “sale of business” exception (for more details on the now-vetoed legislation, see our prior blog here.)

The bill faced opposition by Wall Street and other industries that heavily rely on noncompetes, and business groups pushed for amendments to the bill (which the governor had until the end of 2023 to sign or veto). In late November, Governor Hochul reportedly stated she was in favor of striking a balance that would protect lower- and middle-income workers (up to $250,000) but allow noncompetes for those at higher income levels who are better equipped to negotiate on their own to do so. Reports are that Governor Hochul recently tried to negotiate amendments to the bill in this respect, but that negotiations broke down.

Employer takeaway:

  • We expect this issue to make an appearance in New York’s next legislative session. Employers should keep an eye out for the introduction of new bills to restrict noncompetes and follow their progress. Now that Governor Hochul has expressed favor for an income threshold to ban noncompetes, legislators may be more likely to craft a bill that will more easily be signed into law.

2. New York wipes out common employer protections in release agreements involving claims of discrimination, harassment and retaliation

New York recently expanded its #MeToo statute to bar some of the most common terms for which employers bargain in settlement agreements involving claims of discrimination, harassment or retaliation. On November 17, 2023, Governor Hochul signed S4516 into law, amending Section 5-336 of the General Obligations Law (“GOL”) (New York’s #MeToo statute) so that settlement agreements involving claims of discrimination, including discriminatory harassment or retaliation, cannot:  

  • Require the complainant to forfeit any consideration for the agreement if the complainant violates the nondisclosure or nondisparagement clause;
  • Require the complainant to pay liquidated damages if the complainant violates the nondisclosure or nondisparagement clause; or
  • Include or require an affirmative statement, assertion, or disclaimer that the complainant was not subject to unlawful discrimination, including discriminatory harassment or retaliation.

If settlement agreements contain these provisions, the complainant’s release is unenforceable (but the employer may still have an obligation to pay the settlement amount). The new law is effective as of November 17 and applies to all agreements entered on or after that date. See our prior blog here for other important changes under the new law, including the ability of the complainant to waive a 21-day “consideration period” (which previously could not be waived) before entering a confidentiality agreement and protections for independent contractors.

Employer takeaways:

  • Employers must ensure that any template settlement agreements, agreements in progress or future agreements do not include liquidated damages clauses, forfeiture clauses, or clauses stating that the complainant was not subject to unlawful discrimination, including discriminatory harassment or retaliation. The inclusion of such clauses will now render the release of claims of discrimination, harassment, or retaliation unenforceable–but may not affect the employer’s obligation to pay the settlement amount.

3. New York City employers are banned from discriminating against applicants and employees based on height or weight

New York City’s new law banning New York City employers from discriminating against applicants and employees based on their height or weight (Intro. 209-A) took effect on November 22, 2023.

The law provides exemptions for:

  • Employers needing to consider height or weight in employment decisions where required by federal, state, or local laws or regulations;
  • As permitted by regulations adopted by the New York City Commission on Human Rights and under circumstances where height and weight may prevent a person from performing essential requirements of a job and no alternative is available, or because height or weight criteria is reasonably necessary for the normal operation of the business.

The law also does not prevent employers from offering incentives that support weight management as part of a voluntary wellness program.

Employer takeaways:

  • New York City employers should train HR, managers and supervisors on the law, and should be certain to amend anti-discrimination policies in employee handbooks and elsewhere to include height and weight as protected categories.

4. New York State’s pay transparency law is now in full force

Effective September 17, 2023, employers with four or more employees in New York State that advertise any job, promotion, or transfer opportunity must include the compensation or range of compensation in those advertisements, as well as a job description for the position if one exists.  These disclosure requirements only apply to jobs, promotions, and transfer opportunities that will be physically performed, at least in part, in New York, or physically performed outside New York but will report to a supervisor, office, or other work site in New York.  A pay transparency fact sheet and FAQ document are available on the New York State Department of Labor (NYSDOL) website with additional information and guidance on the new law, and proposed regulations were released with a comment period ending November 13 (but have not been finalized). For more details, see our prior blogs here and here.

Employer takeaways:

  • Employers who haven’t already done so should immediately become familiar with and train HR, managers and supervisors on the new law, and work with counsel to determine how to implement necessary changes. Employers should also keep an eye out for final regulations. 
  • For a quick and easy way to stay on top of pay transparency obligations globally, we offer a fixed fee Global Pay Equity Compliance Compendium that monitors the legal pay equity requirements and forthcoming developments across 70+ jurisdictions (of which over 40 currently have transparency or reporting requirements). Please contact a member of our team for more information.

5. Certain employee inventions will now remain employee property

Effective September 15, 2023, there are new restrictions on invention assignment agreements used in the employment context. S5640 amends the New York Labor Law to introduce a new section, § 203-F, in relation to inventions made by employees. Under this law, employment agreements may not include any provision that requires the employee to assign (or even offer to assign) to the employer any of the employee’s rights in an invention that they developed on their own time and without the use of the employer’s equipment, supplies, facilities, or trade secret information. Any violating provision is unenforceable. However, employers aren’t entirely unprotected. The restriction on assignment does not apply to employee inventions that relate to:

  • The employer’s business;
  • The employer’s anticipated research; or
  • Those inventions that result from the employee’s work for the employer.

Employer takeaways:

  • Employers should ensure that any agreement containing an invention assignment provision complies with New York law. And employers who haven’t already should amend any template invention assignment agreements to remove provisions that require employees to assign (or offer to assign) their rights in inventions that the employee develops on their own time and without the use of employer equipment, supplies, facilities, or trade secret information.
  • Employers may also seek to strengthen their intellectual property capture capabilities by implementing invention disclosure processes and requiring employees to disclose relevant intellectual property they create prior to and during the course of their employment.
  • For businesses engaged in acquisitions, especially where the intellectual property of the target is a core component of the transaction, be sure to account for the state law invention assignment requirements in your diligence process.

For more on the law, see our prior blog here.

6. Employers are prohibited from disciplining employees who refuse to attend captive audience meetings

Effective September 6, 2023, under S4982, employers are prohibited from taking adverse action against employees who refuse to attend an employer-sponsored meeting where the primary purpose is communicating the employer’s opinion regarding religious or political matters (including the decision whether to support or join a labor union)–known as “captive audience meetings.”

Under the law, an employer may not refuse to hire, employ, or license, or discharge or otherwise discriminate against an individual over terms of employment, because the individual refuses to attend an employer sponsored meeting, listen to speech, or view communications where the primary purpose is to communicate the employer’s opinion concerning religious or political matters.

However, the law does not prohibit (among other things):

  • An employer (or its agent) from communicating to its employees any information the employer is required by law to communicate (but only to the extent of such legal requirement), or any information that is necessary for employees to perform their job duties;
  • Casual conversation between employees–or between an employee and agent of the employer, provided participation in such conversations is not required; or
  • A requirement limited to the employer’s managerial and supervisory employees.

Employers must post a sign in each work location where notices to employees are normally posted to inform them of their rights under the law.

Employer takeaways:

  • Employers who haven’t already need to take immediate steps to comply. Train HR and managers / supervisors on the law’s requirements, and post the required sign where notices to employees are normally posted informing employees of their protections under the law.

7. Wage theft is now larceny

S2832A amends the New York Penal Law to add wage theft to the types of activities included in the crime of larceny. The new law took effect on September 6, 2023.

Now, employers can be charged with the crime of larceny if they do not pay wages at the minimum wage rate and overtime rate, or the promised wage rate (if greater than the minimum wage rate and overtime) to an employee for work the employee performs. Not only that, but:

  • In a prosecution for wage theft, for purposes of venue, the law allows aggregation of all nonpayments or underpayments to one person from one person into one larceny count, even if such nonpayments or underpayments occurred in multiple counties.
  • The law also allows aggregation of all nonpayments or underpayments from a workforce (defined as a group of one or more persons who work in exchange for wages) into one larceny count even if the nonpayments or underpayments occurred in multiple counties.

Employer takeaways:

  • S2832A is just one more reason for employers to be diligent in ensuring employee payroll is accurate and timely. Employers who haven’t already should make HR aware of the heightened stakes for improper pay, and should follow up with payroll processors when changes to payroll are implemented to make sure changes are timely and accurately made.

8. State minimum wage increases starting January 1–and minimum exempt salary threshold to increase in March to “catch up” to the new minimum wage

Governor Hochul signed the New York Legislature’s 2024 Budget Agreement in May, which progressively increases the state’s minimum wage. Effective January 1, 2024, the New York State minimum wage increased to $16 / hour in New York City, and Nassau, Suffolk and Westchester counties, and $15 / hour in the remainder of the state. The minimum wage will increase by $.50 each year in 2025 and 2026, reaching $17 / hour in New York City, and Nassau, Suffolk and Westchester counties and $16 / hour elsewhere in New York in 2026.

On December 27, 2023, the New York Department of Labor (NYDOL) adopted proposed regulations (final version of the regulations here), which increase the salary threshold for minimum wage and overtime exemptions under the New York Labor Law. In New York City, Nassau, Suffolk, and Westchester counties, the minimum base weekly salary for the “executive” and “administrative” exemptions increased to $1,200.00 on January 1, 2024, and will increase to $1,237.50 on January 1, 2025, and to $1,275.00 on January 1, 2026. The minimum base weekly salary for the “executive” and “administrative” exemptions in the rest of the state increased to $1,124.20 on January 1, 2024, and will increase to $1,161.65 on January 1, 2025, and $1,199.10 on January 1, 2026.

Governor Hochul also signed S5572 into law on September 15, 2023, which increases the minimum weekly earnings (from $900 to $1,300) that a bona fide executive, administrative, or professional employee must receive to be excluded from other wage payment requirements under Article 6 of the New York Labor Law (such as those that require employers to obtain advance consent to pay wages by direct deposit, those that require non-exempt employees to be paid at least semi-monthly, and those that provide criminal penalties for failure to pay benefits or other supplemental wages). This law will go into effect on March 13, 2024.

Employer takeaways:

  • Employers should (a) check with their payroll providers to ensure appropriate changes have been made to the hourly pay of any minimum wage employees, (b) closely review the schedule for future minimum wage increases, and (c) keep an eye out for possible legislation to increase the minimum wage further after January 1, 2026.
  • Employers should also immediately review the salaries of their executive, administrative, and professional employees to ensure they meet the new Article 6  minimum salary threshold before March 13, 2024. A prompt review will give employers time to decide whether they wish to treat formerly exempt employees as non-exempt employees or whether they prefer to adjust affected exempt employees’ base compensation to ensure those employees continue to qualify for the Article 6 exemption.

9. Automated Employment Decision Tool Law enforcement has started in NYC

Enforcement of New York City’s Local Law 144 began July 5, 2023. The law prohibits employers and employment agencies from using an automated employment decision tool to substantially assist certain employment decisions unless the tool has been subject to a bias audit within one year of the use of the tool, information about the bias audit is publicly available, and certain notices have been provided to employees or job candidates. Violations of the provisions of the law are subject to a civil penalty. See our prior blog here for more details on the law, penalties, and some practical tips for employers.

Employer takeaways:

  • For employers who haven’t done so yet, the first (and immediate) step is to take inventory of HR tech tools. Legal should partner with HR and IT to determine whether the company uses automated employment decision tools to make any employment decisions in a manner that triggers the law, and reach out to trusted counsel for help with next steps.

10. Notice of unemployment insurance eligibility required

Governor Hochul signed S4878A into law on September 14, 2023, amending Section 590 of the New York Labor Law to require employers who are liable for contributions to unemployment insurance to inform employees of their right to file an application for unemployment benefits. The law became effective November 13, 2023.

Employers must provide information of a right to file for unemployment at the time of a permanent, indefinite or temporary separation from employment, a reduction in hours, or any other interruption in continued employment that results in total or partial unemployment. Employers must provide notice on NYSDOL form IA 12.3 (see the required form here).

Employer takeaway:

  • Employers who haven’t done so should train HR on when notice is required and use the required NYSDOL form. 

Coming down the pike

11. NYS “Freelance Isn’t Free Act” brings more scrutiny and obligations for NY businesses engaging independent contractors in Spring 2024

On November 22, 2023, Governor Hochul signed the New York State “Freelance Isn’t Free Act” (S5026) increasing obligations for parties who engage freelance workers (including independent contractors). Starting May 20, 2024, hiring parties (including employers who engage independent contractors) must provide freelance workers with written contracts, pay them within a specified time period, maintain records, and satisfy additional new obligations—and freelance workers will gain a private right of action for violations.

The Act will apply to contracts entered into on or after the May 20, 2024 effective date. See more details of the law in our blog here.

Employer takeaways:

  • While most companies engaging freelancers and independent contractors already utilize written agreements, it is important to ensure the agreements include all the terms specified in the new law. Employers should contact their Baker McKenzie employment attorney for support auditing contracting relationships and agreements. Misclassification is a hot topic for the plaintiffs’ bar and we regularly advise on best practices in this area.

12. Statute of limitations under New York State Human Rights Law extended

New York has extended the statute of limitations for filing complaints of discrimination with the State Division of Human Rights from one year to three years, matching the current three-year statute of limitations for filing sexual harassment complaints with the State Division of Human Rights. On November 17, 2023 Governor Hochul signed S3255, amending NY Executive Law § 297 to make the change, which applies to all unlawful discriminatory practice claims arising on or after February 15, 2024.

Employer takeaways:

  • Employers should note the longer statute of limitations for filing discrimination claims with the State Division of Human Rights, and as always, should contact counsel when aware of claims or possible claims of discrimination by employees.

13. New Clean Slate Act will affect hiring practices

S7551A will take effect November 16, 2024. Under the new law, the conviction records of individuals convicted of certain state crimes will be automatically sealed from public access once the individuals have satisfied their sentence and remain law-abiding citizens for a specified period of time. Specifically, the law will allow: (i) certain felony convictions to be sealed eight years after a person leaves prison for the conviction; and (ii) certain misdemeanor convictions after the passage of three years from the release of incarceration or imposition of a sentence.

Employers should note:

  • Not all crimes are eligible for sealing, including Class A felonies for which a maximum sentence of life imprisonment may be imposed (including murder), and convictions requiring registration as a sex offender.
  • Certain entities will continue to have access to conviction records, including entities required under state or federal law to conduct a fingerprint-based background check or an entity authorized to conduct a fingerprint-based background check where a job applicant would be working with children, the elderly, or vulnerable adults.
  • The new law does not change access to permissible information on out-of-state or federal convictions through publicly accessible records, and does not modify employers’ obligations under the federal Fair Credit Reporting Act.
  • In addition, the law does not modify an employer’s obligation under New York Corrections Law Article 23-A to conduct a job-related analysis prior to taking adverse action based on criminal convictions, or an employer’s obligation to comply with local requirements (such as requirements under New York City’s Fair Chance Act) before denying an employment opportunity to an individual based on their conviction status.

Employer takeaways:

  • Employers who haven’t already should train HR and supervisors / managers on the new law, including to increase awareness of possible confusion from candidates who do not fully understand the law and expect their records to have been sealed.

14. Prohibition on requiring disclosure of social media login information to take effect in March

Beginning March 12, 2024, New York employers will not be able to require employees or applicants to disclose certain social media login information. Under S02518A (signed by Governor Hochul on September 14, 2023), it is unlawful for employers to request, require or coerce employees or applicants for employment to:

  • Disclose any user name and password, password, or other authentication information for accessing a personal account through an electronic communications device (any device that uses electronic signals to create, transmit and receive information, such as computers and telephones);
  • Access the employee’s or applicant’s personal account in the employer’s presence; or
  • Reproduce photographs, video or other information contained within a personal account by means prohibited under the law.

Employers cannot discharge, discipline, or otherwise penalize an employee (or threaten the same) for refusing to disclose the above information, and cannot fail to refuse or hire an applicant for refusing to disclose this information.

However, the law does not prohibit employers from requiring or accessing nonpersonal information, including:

  • Requiring employees to disclose a user name, password, or other means for accessing nonpersonal accounts that provide access to the employer’s internal computer or information systems;
  • Requesting or requiring an employee to disclose access information to an account provided by the employer (where the account is used for business purposes and the employee was provided prior notice of the employer’s right to request or require such access information);
  • Requesting or requiring an employee to disclose access information to an account known to be used for business purposes;
  • Accessing an electronic communications device (and restricting or prohibiting an employee’s access to certain websites while using the employer’s network or while using the device) paid for in whole or in part by the employer, where the payment for the device was conditioned on the employer’s right to access the device (or restrict access, as the case may be), and the employee was provided prior notice of and explicitly agreed to such conditions–but the employer is not permitted to access personal accounts on the device.

Employers are also not prohibited from:

  • Complying with court orders to obtain or provide information from or access to an employee’s account;
  • Complying with the duty to screen employees or applicants prior to hiring, or to monitor or retain employee communications regulated under federal law (or by a self- regulatory organization under Section 3(a)(26) of the Securities and Exchange Act of 1934, including any national securities exchange, registered securities association, or registered clearing agency);
  • Accessing, viewing or using information about an employee or applicant that can be obtained without any required access information, or that is in the public domain;
  • And for the purposes of obtaining reports of misconduct or investigating misconduct, the law does not prohibit or restrict an employer from accessing, viewing or using photographs, video, messages, or other information that is voluntarily shared by an employee, client or other third party that the employee subject to such report or investigation has voluntarily given access to that is contained within the employee’s personal account.

Finally, employers have an affirmative defense to an action under the law that the employer acted to comply with the requirements of a federal, state or local law.

Employer takeaways:

  • Before March 12, 2024, employers should familiarize themselves with the new law, revise any policies or procedures regarding the request of employee or applicant social media login or access information to ensure compliance with the new law, and train HR, supervisors and managers on the new law and policies.

15. New York City Workers’ Bill of Rights coming in March, with employer obligations starting July 1

The New York City Council passed Int 0569-2022 (enacted December 3, 2023) that amends the New York City Administrative Code to require the creation and publication of a Workers’ Bill of Rights by March 1, 2024 by the commissioner of the Department of Consumer and Worker Protection (the Commissioner), in coordination with the Mayor’s Office of Immigrant Affairs (MOIA), the New York City Commission on Human Rights, and community and labor organizations designated by the Commissioner. The Workers’ Bill of Rights must:

  • Include information about rights under relevant federal, state and local law that apply to employees, prospective employees or independent contractors in the City. The information must indicate which rights apply to workers regardless of immigration status, and must also include information about the right to organize a union.
  • Be provided on the City’s website in “English, the designated citywide languages, and temporary languages.”

In addition, by March 1, 2024, the MOIA (in coordination with the DCWP and community labor organizations deemed appropriate by DCWP) must conduct outreach regarding the information required to be included in the Workers’ Bill of Rights to employees, prospective employees, and independent contractors in the City, including providing contact information for the immigration legal hotline of New York City.

Employer obligations begin July 1, 2024

Employers also have requirements under the law.

  • By July 1, 2024, employers must provide to each employee the information in the Workers’ Bill of Rights (and provide such information subsequently on or before an employee’s first day of work), and conspicuously post the information described above at an employer’s place of business in an area accessible and visible to employees.
  • Employers must also make the information available online (or on the employer’s mobile app) for employees to view if such means are regularly used to communicate with its employees.
  • Employers must provide the information in English and any language spoken as a primary language by at least five percent of employees employed by an employer, if the commissioner of the DCWP has made the information available in that language.

Any employer who violates the law will be liable for a civil penalty of $500–except that with respect to a first violation, the Commissioner must notify the business of the violation and request that action be taken to correct the violation within 30 days, and must provide the business an opportunity to contest the Commissioner’s finding.

Employer takeaways:

  • Employers should keep watch for the Workers’ Bill of Rights, and take steps to meet employer obligations under the law on or before July 1, 2024.

One we’re watching

16. New York State may restrict employers from using fully-automated decision making tools to screen candidates or make other employment decisions

New York State may soon restrict employers and employment agencies from using fully-automated decision making tools to screen job candidates or make other employment decisions that impact the compensation, benefits, work schedule, performance evaluations, or other terms of employment of employees or independent contractors. S7623A aims to limit the use of such tools and requires human oversight of certain final decisions regarding hiring, promotion, termination, disciplinary, or compensation decisions. S7623A also significantly regulates the use of certain workplace monitoring technologies, going beyond the notice requirements for workplace monitoring operative in New York since May 2022 and introducing data minimization and proportionality requirements that are becoming increasingly common in US state privacy laws. For more details on the bill, see our prior blog here.

Employer takeaways:

  • We are tracking this legislation closely, so check back here for updates. Employers can take steps now to help ready themselves for ever-increasing restrictions on workplace AI use and workplace monitoring tools. See our prior blog here for helpful practical tips.

In Case You Missed It (ICYMI)

17. Gender identity or expression is now a protected class for interns

On August 23, 2023, Governor Hochul signed S7382, adding “gender identity or expression” as a protected class for purposes of the New York State Human Rights Law’s (NYSHRL) prohibitions on discrimination against interns. According the legislative explanation, when “gender identity and expression” was added as a protected class throughout the NYSHRL in 2019, it was likely an unintended oversight that the intern provision was also not amended–and the purpose of the bill was to rectify the oversight and make the protection explicit.

Employer takeaway:

  • Companies who hire interns should train HR, supervisors and managers on the new protected class under the NYSHRL.

18. Changes to New York City Safe and Sick Time regulations

On October 15, 2023 the New York City Department of Consumer and Worker Protection adopted amended rules for New York City’s Earned Safe and Sick Time Act (ESSTA). Highlights of the changes include: 

  • Clarifying that employer size is determined based on the employer’s total number of employees nationwide, and that employer size during a given calendar year is determined by counting the highest total number of employees concurrently employed at any point during the calendar year to date, and that
    • Part-time employees must be considered employed each working day of the calendar week;
    • Employees jointly employed by more than one employer must be counted by each employer, (whether or not their names appear on the employer’s payroll); and
    • Employees on paid or unpaid leave must be counted as long as the employer has a reasonable expectation that the employee will later return to active employment.
  • Addresses how the ESSTA applies to employees who work remotely (and the amended rules provide examples):
    • An employee who only performs work while physically located outside of New York City (including by telecommuting) is not “employed for hire within the City of New York” under the ESSTA, even if the employer is located in New York City.
    • An employee with a primary work location outside of New York City is “employed for hire within the City of New York” if they regularly perform, or are expected to regularly perform, work in New York City during a calendar year–but for these employees, only hours worked within New York City must count toward the accrual of safe/sick time for the purpose of section 20-913(b) of the New York City Administrative Code (regarding safe/sick time accrual).
  • Providing that there’s a “reasonable inference” that the employer does not provide or refuses to allow the use of accrued safe/sick time in violation of section 20-913 of the Administrative Code (regarding the right safe/sick time and accrual) to if the employer (1) fails to maintain or distribute a written safe/sick time policy (as required by section 7-211 of the ESSTA) and (2) fails to maintain adequate records of employees’ accrued safe/sick time use and balances (as required under section 7-212 of the ESSTA).

Employer takeaways:

  • The amended rules took effect on October 15, 2023. Employers who haven’t already should determine employer size under the rules, as well as which employees (including remote employees) are covered by the ESSTA, and make any necessary changes to comply. Employers should also train all managers / supervisors and HR on the new rules with a specific focus on when and what documentation or information can be requested related to an employee’s ESSTA request.

Global Immigration and Mobility Update–DOJ Enforcement Trends Against Employers

The US Department of Justice’s Immigrant and Employee Rights Division’s (“IER”) high-profile investigations and settlements with large US employers in 2023 are likely an indicator of the division’s areas of focus for 2024. Specifically, the IER is poised to continue investigating employers for permanent-residence-sponsorship processes that are alleged to disfavor US job applicants, despite meeting the regulatory immigration requirements for the permanent residence process. After more than $40 million in settlements in the past 18 months against employers who used different, less effective job recruitment efforts in relation to permanent-residence sponsorship, IER is likely to push this enforcement priority throughout 2024. IER’s second focus is likely to be against US employers with overly restrictive job postings that unlawfully limit positions to US citizens only. With more than 25 settlements on this issue in the past two years, IER is likely to continue to focus on this traditional area of enforcement in 2024.

Employer takeaways:

  • Review all company immigration policies, including those involving permanent residence, to ensure compliance with IER’s more stringent 1324b enforcement policies. Merely meeting the regulatory requirements is no longer a sufficient defense in an IER investigation.
  • Review job postings and internal protocols for recruitment to ensure job postings comply with 1324b and export control laws.