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Although federal and state laws have prohibited employment-related sexual harassment and sex discrimination for decades, the #MeToo movement inspired several states and local jurisdictions to pass laws targeting sexual harassment in the workplace more directly. The new laws address issues such as mandatory anti-harassment training, workplace policies, confidentiality in settlement agreements, and the arbitrability of

On March 28, 2019, the US Department of Labor announced a proposed rule to clarify that certain types of compensation and benefits can be excluded from an employee’s “regular rate” of pay, which is used to calculate overtime under the FLSA. This announcement follows the DOL’s recent proposal to increase the minimum salary requirements for the FLSA’s white-collar overtime exemptions, continuing the DOL’s efforts to update and modernize FLSA regulations.

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Employers may be required to disclose aggregate pay data in their annual EEO-1 filings as early as May 31, 2019.

On March 4, 2019, a federal court in Washington D.C. lifted the Office of Management and Budget’s (OMB) stay of the revised EEO-1 form that requires companies to submit summary wage data by race/ethnicity and gender. While we expect there may be further challenges and/or delays to the implementation of the revised EEO-1 form, taking a conservative approach means that companies should plan as though they need to report pay data by the current May 31, 2019 deadline.


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In a welcome decision for franchisors, and first of its kind in the Second Circuit, the Southern District of New York ruled that Domino’s Pizza Franchising LLC, the franchisor (Domino’s), did not exert enough control over its franchisee to warrant joint employer status. This determination means Domino’s will not have to face claims brought under

As we previously reported, New York State’s new sexual harassment prevention policy and training requirements take effect today, October 9, 2018.

After issuing draft documents in August, the State released final guidance clarifying the new requirements just last week, giving employers little time to get their ducks in a row before the October 9 deadline.


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With the modern workforce comes modern employment problems. Businesses and workers alike have embraced the “gig economy,” but employment laws were not designed for workforces dominated by independent contractors and freelancers. This disconnect leaves gig economy businesses open to significant liability where such workers should have been classified as employees under the law.


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New York state just released draft guidance and models for employers to comply with the state’s new sexual harassment prevention policy and training requirements, which go into effect on October 9, 2018. The state is encouraging comments from the public, employers and employees through September 12, 2018, which can be submitted through the state’s website.


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The legal landscape for employers – particularly those in New York – has evolved significantly over the last few months. On April 12, 2018, Governor Cuomo signed the FY 2019 Budget Bill, which includes significant measures targeting sexual harassment in the workplace, such as harassment prevention policy and training requirements. Not to be outdone, on May 9, 2018, Mayor de Blasio signed the Stop Sexual Harassment in NYC Act, a collection of bills that require anti-harassment training and increase worker protections against sexual harassment.


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**UPDATE: Both the New York state and city training requirements have been signed into law. The state requirements go into effect on October 9, 2018, and the city requirements go into effect on April 1, 2019. **

In the last two weeks, New York state and city legislatures each passed groundbreaking legislation that would require most private employers to provide sexual harassment training to their workforces every year. No other US jurisdiction requires annual harassment training for all employees, making this legislation – if signed into law – the most expansive in the country. (California requires training for supervisors and managers only, see more HERE.)


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It’s no secret that a diverse and inclusive workplace has become critical for success. Clients, investors and talent are increasingly attracted to companies with socially responsible values and progressive workplace polices – with good reason. Diversity and inclusion have been linked to innovation, financial results and employee engagement.

Yet many organizations have long struggled to