Paula Lopez, February 22, 2024 After vetoing a prior version of bill intended to protect freelancers in New York, on November 22, 2023, Governor Hochul signed into law Senate Bill 5026/Assembly Bill 6040 known as the Freelance Isn’t Free Act (the “Act”). The Act takes effect on May 20, 2024. The Act mirrors New York City’s 2017 Freelance Isn’t Free Act (N.Y.C. Administrative Code §§ 20-927 et seq.), which was the first law passed in the country for the protection of freelance workers. The Act aims to protect…

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By: Paula Lopez, December 22, 2023 The New York City Council passed a “Workers’ Bill of Rights” bill, Int. No. 569-B on December 3, 2023. On December 4, 2023, the bill became law when it was returned unsigned by Mayor Adams without a veto. The law will go into effect on January 3, 2024. The law requires inter-agency cooperation in creating a “Worker’s Bill of Rights,” informing employees, prospective employees, and independent contractors working in New York City about their rights under federal, state and local law. The…

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By: Paula Lopez, November 16, 2023 A California federal court in the case Lee Evans, et al  v. Cardlytics, Inc., et al (Docket No. 23-cv-00606) ruled that Cardlytics, Inc., a company incorporated in Delaware with a headquarters in Atlanta, could not establish the existence of diversity jurisdiction in support of removal of an employment action from California state court to federal court. Two former employees of Cardlytics filed an action asserting claims for, inter alia, breach of contract, breach of implied covenant of good faith and fair dealing,…

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Paula Lopez, July 10, 2017. New York City’s recently passed package of bills, referred to as “Fair Work Week” laws, impose significant scheduling and notice requirements on certain businesses operating in New York City.  The laws will go into effect on November 26, 2017.  Employers covered by this law include retail businesses and fast food establishments, which are known for subjecting employees to changing work schedules. A “fast food establishment” covered by the new law is defined in the same way as a “fast food establishment” subject to…

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  By: Megan J. Muoio, June 2, 2017 On March 27, 2017, a three-judge panel of the United States Court of Appeals for the Second Circuit decided in favor of the plaintiff in Christiansen v. Omnicom Group, Inc., a case involving the issue of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964. In Christiansen, a gay employee brought a suit against his employer under the sex discrimination provision of Title VII. The employer moved to dismiss the complaint, arguing that sexual orientation discrimination…

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Diana Uhimov, May 15, 2017 On May 15, 2017, New York City’s “Freelance Isn’t Free Act” (FIFA), N.Y.C. Administrative Code §§ 20-927 et seq., went into effect, impacting companies that hire independent contractors in New York City (NYC). This is the country’s first law shielding freelancers from nonpayment and it is likely that similar laws will be passed in other states given trends in the workforce toward the “gig economy”.  FIFA aims to protect freelancers from non-payment and employer retaliation for exercising their new rights. FIFA defines a…

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  By: Megan J. Muoio, April 3, 2017 On March 27, 2017, a three-judge panel of the United States Court of Appeals for the Second Circuit decided the case of Christiansen v. Omnicom Group, Inc., an appeal from the United States District Court for the Southern District of New York. The Second Circuit reinstated the plaintiff’s claim for gender stereotyping under Title VII of the Civil Rights Act of 1964, but declined to overturn earlier precedent about sexual orientation discrimination under Title VII. A strong concurrence by two…

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Diana Uhimov, March 16, 2017 The Equal Employment Opportunity Commission (EEOC) recently issued proposed guidance on workplace harassment. The EEOC is a federal agency charged with enforcing laws that protect individuals from harassment based on race, color, religion, sex, national origin, disability, age, or genetic information. The Proposed Enforcement Guidance on Unlawful Harassment clarifies the legal standards that apply to harassment claims under federal employment discrimination laws.  In its press release accompanying the issuance of the proposed guidance, the EEOC stated that the new direction is essential because of…

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By: Megan J. Muoio, October 31, 2016 On October 25, 2016, the White House issued a “call to action” to states regarding non-compete agreements. The call to action was the result of the White House’s May 2016 analysis of the usage, potential issues, and state responses to the implementation of non-compete agreements by private employers, which was based on a report from the United States Treasury Office of Economic Policy regarding the economic impact of the use of non-compete agreements on the labor market and the U.S. economy…

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Paula Lopez, September 29, 2016. On September 25, 2016, California Governor, Jerry Brown, signed into law legislation that voids contract provisions in any agreement entered into between an employer and a California resident that requires, as a condition of employment, that an employee agree to have disputes adjudicated (includes litigation and arbitration) outside of California and under the laws of another state. The law, known as Senate Bill 1241[1], will apply to contracts entered into, modified or extended on or after January 1, 2017.  Key provisions of the…

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