Presenter: "Workforce Legal Updates: 2026 in Review," Webinar, People Strategy Collective (September 2026)
Author: "The Case to Call Employment Lawyers Early: Savings in the Long Run," SHRM (July 2026)
Quoted: "Stop Off-the-Clock Liability," SHRM (May 2026)
Quoted: "Is AI Quietly Undermining Your Overtime Exemptions?" SHRM HR Quarterly (Spring 2026)
Presenter: "How New York Nonprofits Can Avoid Costly Legal Mistakes in 2026," Webinar, New York State Society of CPA's, Not-for-Profit Section (April 2026)
Author: "EEOC Reset: What a New Majority and Shifting Priorities Mean for Employers" HR Daily Advisor (November 2025)
Co-Facilitator: "Distressed Employees in Higher Education,” NACUA’s 2025 Fall CLE: Employment Law (November 2025)
Presenter: "Board Dynamics in Motion: From Recruiting to Risk-Ready Leadership," Nonprofit NY's Annual Conference, New York, NY (November 2025)
Presenter: "Prospective Outlook on Federal Construction, Employment & Labor Law, Federal Grants, and Strategic Alliance," Federal Bar Association 2025 Government Contracting Section Leadership Showcase (October 2025)
Presenter: "What NY Nonprofits Need to Know about Employment Laws in 2025 to Avoid Costly Lawsuits," Nonprofit Staten Island (October 2025)
Presenter: "Employment Law Developments in 2025 for NY Nonprofits: How to Stay Legally Compliant," Nonprofit Staten Island (September 2025)
Presenter: "5 Employment Law ‘Hot Topics’ for NY Tour Boat Operators," New York State Tour Boat Operators Association (April 2025)
Presenter: "HR Legal Issues Affecting Nonprofit Organizations," Austin W. Marxe School of Public and International Affairs at Baruch College (April 2024)
Presenter: "Speech in the Workplace for Nonprofit Employees in an Election Year," NYC Bar Association's Not-for-Profit Law Institute (March 2024)
Presenter: "Hot Employment Law Topics for New York Hospitality Employers," HFTP NYC Chapter Meeting (October 2023)
Co-Author: “New York State May Be On the Verge of Banning Non-Compete Agreements in Some Form,” (July 2023)
Author: “Legal Risks Grow for Employers as NYC Bans Discrimination Based on Weight and Height,” (July 2023)
Co-Author: “UPDATE: New York State Amends Its Pay Transparency Law,” (March 2023)
Presenter: HUB International’s Nonprofit Executives’ Forum (March 2023)
Co-Author: "Website Compliance with the ADA: What’s New?" (March 2023)
Co-Author: "Attention New York Employers: It’s Time to Update Your Employee Handbooks Again," (February 2023)
Co-Author: "New York State’s Pay Transparency Law Takes Effect September 17, 2023," (January 2023)
Author: "UPDATE: New York City Delays Enforcement of Law Restricting Employer Use of Automated Employment Tools to April 15, 2023," (December 2022)
Author: "NYC Employers Take Note: November 4th Public Hearing Set for Rules on NYC Law Restricting Automated Employment Tools," (November 2022)
Co-Author: "NYC Salary Disclosure Law Takes Effect November 1st," (October 2022)
Presenter: “Recruit to Retain: Know Who to Hire and Minimize Costly Legal Mistakes,” Nonprofit New York (September 2022)
Author: "NY Employers Who Conduct Electronic Monitoring of Employees Must Provide Written Notice to New Hires Starting May 7" (May 2022)
Author: "The Impact on Employers of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (March 2022)
Author: "Sexual Harassment Prevention Hotline and Other Employee Protections Take Hold in New York State" (March 2022)
Co-Author: "May Day! Salaries for All To See in NYC Starting in May," New York Law Journal (March 2022)
Author: "Federal Covid-19 Updates: OSHA Withdraws Vaccination-or-Testing Requirement After Supreme Court Defeat, CMS Vaccine Mandate Stands, and Federal Contractor Mandate Halted" (March 2022)
Author: "Update on New York State HERO Act: Mask Mandate Lifted and New Model Template Issued for Airborne Infectious Disease Prevention Control" (February 2022)
Author: "UPDATE: Will the Supreme Court Uphold OSHA’s Vaccination or Testing Requirement for Large Employers and Vaccine Mandate for Certain Health Care Providers?" (January 2022)
Co-Author: "Several New Covid-19 Vaccine and Mask Mandates for NYC Employers, Schools, Public Spaces and More" (December 2021)
Co-Author: "New York State HERO Act: November Updates" (November 2021)
Author: "Will OSHA’s Mandatory Vaccination/Weekly Testing Rule for Large Employers Survive Court Challenges?" (November 2021)
Co-Author: "EEOC Clarifies Religious Exemptions to Covid-19 Vaccine Mandates" (October 2021)
Co-Author: "Update on NY HERO Act: Covered Employers Must Activate Plans Now" (September 2021)
Co-Author: "NY HERO Act: Employers Need to Act by August 5th" (August 2021)
Co-Author: "Website Compliance with the ADA: Gil v. Winn-Dixie Stores and a Web of Confusion for Businesses and Nonprofits" (May 2021)
Author: "Re-Opening After Covid-19: What Nonprofits Need to Know about Reasonable Accommodation of Employees with Disabilities," Blue Avocado magazine (March 2021)
ARTICLES
November 5, 2026
Starting November 8, 2026, current and former New York employees can see, and push back on, what their employer keeps in their file.
September 17, 2026
Deepfakes have shifted from novelty to real risk for employers. Some identity fraud research indicates that overall deepfake and synthetic identity fraud attempts targeting organizations have surged globally. According to a report by GetReal Security, 41% of IT, cybersecurity, risk and fraud leaders say their company has hired and onboarded a fraudulent candidate.
July 24, 2026
Marlo Spaeth has Down syndrome. She worked at Walmart for 16 years, until a computerized scheduling system shifted her hours by 90 minutes. Her disability prevented her from adapting. She requested her prior schedule as a reasonable accommodation for her disability. Her employer refused, without engaging in the interactive process required under the Americans with Disabilities Act (“ADA”) and fired her.
July 21, 2026
New York City’s final Earned Safe and Sick Time Act (“ESSTA”) rules will take effect July 23, 2026, and every New York City employer, regardless of size, faces fines of $500 per employee per year for non-compliance, plus forced restoration of all accrued and mandated hours.
May 22, 2026
The U.S. Department of Labor (DOL) has a new idea for an old question: who, exactly, is your boss? In a proposed rule unveiled on April 22, 2026, the DOL would set a single “joint-employer” test for the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant & Seasonal Agricultural Worker Protection Act (MSPA), unlike the 2020 Joint Employer Rule. The DOL aims to provide employers with a consistent understanding of when multiple employers are jointly responsible for protecting employee wages, leaves of absence, and other federal rights of an employee. This proposed rule would particularly impact businesses and organizations with contractors, as well as staffing agencies, franchisors, and other business models and platforms with shared oversight and control over workers.
April 16, 2026
In April 2024, the U.S. Department of Justice issued a final rule updating its regulations for Title II of the Americans with Disabilities Act (ADA) to specifically require that state and local government websites, mobile applications and other digital tools be accessible to individuals with disabilities. Public colleges and universities are now entering a decisive two-year window for compliance with the U.S. Department of Justice’s final rule.
March 12, 2026
The U.S. Department of Labor (DOL) just threw a lifeline to organizations that use independent contractors. On February 27, 2026, the DOL published a proposed, employer-friendly rule that would dramatically simplify how businesses and nonprofit organizations classify workers as independent contractors under the federal Fair Labor Standards Act (FLSA). The proposed DOL rule scraps the Biden administration’s 2024 rule that was criticized as an ambiguous and difficult-to-interpret standard for determining independent contractor status.
March 10, 2026
New York employers who do not offer a retirement plan are about to face a new compliance obligation. The New York Secure Choice Savings Program requires covered private-sector employers to automatically enroll their employees in a state-facilitated Roth IRA through payroll deduction. With the first compliance deadline arriving on March 16, 2026, employers should assess their obligations now. New York joins a growing list of states that mandate retirement savings plans: California (CalSavers), Colorado (SecureSavings), Connecticut (MyCTSavings), Delaware (Delaware EARNS), Illinois (Secure Choice), Maine (MERIT), Maryland (MarylandSaves), New Jersey (Secure Choice), Oregon (OregonSaves), Vermont (VT Saves), and Virginia (RetirePathVA).
February 18, 2026
The Clock is Ticking
As we detailed in our prior
Client Alert, on October 25, 2025, New York City enacted substantial amendments to the Earned Safe and Sick Time Act ("ESSTA") in the bill known as Int. 780-A.
The law takes effect on February 22, 2026, just days away. The NYC Department of Consumer and Worker Protection ("DCWP") is simultaneously proposing new implementing
rules, with a
public hearing scheduled for March 2, 2026, and written comments due by that same date.
If your organization employs workers in New York City, your current sick leave policies are almost certainly out of compliance. Here's what you need to know now.
January 13, 2026
On December 4, 2025, the New York City Council overrode Mayor Eric Adams’ veto, enacting two laws that amend NYC’s Administrative Code, to establish a pay data reporting mandate for private-sector employers with 200+ employees working in New York City (Int. 982-A) in order to improve wage transparency and a City-led annual pay equity study using employer-submitted data (Int. 984-A). While both laws took effect immediately, employer filing obligations begin only after New York City designates the implementing agency, issues a standardized reporting form and sets a filing schedule by rule.
January 8, 2026
Holiday-season anti-harassment trainings can backfire. A recent Second Circuit (which covers New York, Vermont and Connecticut) decision underscores that when workplace training content crosses the line into essentialist, accusatory, or segregating themes—and complaints are ignored—employers can potentially face legal liability for creating a hostile work environment.
January 5, 2026
New York State now prohibits employers from using training repayment arrangements and using a job applicant’s credit history in making hiring or compensation decisions.
More specifically, on Friday, December 19, 2025, New York Governor Kathy Hochul signed into law two bills aimed at protecting workers: 1) New York State Assembly Bill A584 entitled the Trapped at Work Act which prohibits mandatory “Training Repayment Agreement Provisions” in employment agreements or offer letters; and 2) New York State Senate Bill S3072 which restricts employers from accessing a worker’s credit report while making decisions about hiring or compensation.
October 30, 2025
Q: What happened? On
October 25, 2025, New York City enacted Int. 780-A, amending New York City’s Earned Safe and Sick Time Act (“ESSTA” or “Sick/Safe Leave Law”) and aligning it with New York City's Temporary Schedule Change Act (TSCA). The law expands the permissible uses of ESSTA leave, adds a new front-loaded allotment of
unpaid safe/sick time, clarifies documentation, confidentiality, and pay-statement rules, and restructures TSCA so employees retain the right to request temporary schedule changes but no longer have two guaranteed TSCA days.
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October 16, 2025
The U.S. Equal Employment Opportunity Commission’s (“EEOC”) posture has shifted, and employers should take note. With the recent confirmation of a second Republican EEOC commissioner – Brittany Panuccio – the EEOC has a quorum on its 5-seat panel, with a 2–1 Republican majority. With the quorum restored, the EEOC can alter policy, guidance, strategic plans, and litigation priorities.
September 22, 2025
The pace of New York’s 2025 legal updates has been brisk. Below is a quick digest of what matters now so you can communicate the changes to your employees, update employee handbooks, payroll systems, and training, and post required notices before year-end.
September 17, 2025
On August 26, 2025, New York Governor Kathy Hochul signed into law A5448B/S4559B, which amends New York Education law, adding §6436-a, requiring every college and university in New York State to appoint a Title VI anti-discrimination coordinator (similar to the Title IX coordinator and their role). The Title VI coordinator’s role is to ensure compliance with Title VI of the federal Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin, including shared ancestry or ethnic traits, in programs and activities of any entity that receives federal financial assistance. Governor Hochul said the law is meant to “combat antisemitism and all forms of discrimination head-on.”
August 21, 2025
The recently enacted One Big Beautiful Bill Act (the “Act”) introduces several significant amendments to the Internal Revenue Code (“IRC”) that directly affect U.S. employers and employees. Key provisions—particularly the elimination of federal income tax on certain tips and overtime pay—are summarized below.
August 21, 2025
Artificial intelligence (AI) is rapidly automating the very tasks that once anchored white-collar exemptions under the federal Fair Labor Standards Act (FLSA) and comparable state laws. When algorithms screen résumés, rank job candidates, flag compliance risks, review documents, or analyze vast data sets, the human role can shift from “decision-maker” to “button-pusher.”
July 31, 2025
As of July 2, 2025, New York City’s new
rules for paid prenatal personal care leave are in effect. With the first month of enforcement now behind us, it is critical for all employers with employees working in New York City to ensure they are fully compliant to avoid costly penalties.
June 26, 2025
On June 5, 2025, in a unanimous and highly anticipated decision, the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, No. 23-1039, clarified a critical point in employment law: all employees—regardless of whether they belong to a majority or minority group—are entitled to the same standard when bringing discrimination claims under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”). This ruling sweeps away conflicting lower court decisions that imposed a higher evidentiary burden on majority-group plaintiffs, such as white or heterosexual employees.
May 8, 2025
In a significant shift for businesses, nonprofit organizations and gig-economy workers, the Department of Labor (DOL) Wage and Hour Division (WHD) announced on
May 1st that it will no longer enforce the 2024 independent contractor rule (which outlined the framework for determining employee or independent contractor status under the federal Fair Labor Standards Act) as it works to rescind the regulation entirely. The DOL’s decision — as outlined in its
Field Assistance Bulletin (FAB) No. 2025-1 — comes amid multiple ongoing lawsuits challenging the rule.
April 17, 2025
Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public feud between the Trump administration and the Maine Department of Education over Maine’s refusal to ban transgender girls from participating in school athletic competitions designated exclusively for girls. These interpretation and enforcement developments implicate issues of constitutional law, states’ rights and practical politics, and it is critical for those working in education and receiving federal funding to understand and navigate the changes.
March 11, 2025
As private equity leaders and their in-house counsel gear up for the anticipated surge in IPOs in 2025, the importance of thorough labor and employment law due diligence cannot be overstated. With the IPO market poised for a significant rebound, the stakes have never been higher. This article delves into why labor and employment law due diligence is critical before going public and highlights emerging trends that could impact legal risks.
February 20, 2025
On February 5, 2025, the U.S. Attorney General (“AG”) Pam Bondi issued a memorandum to all Justice Department employees titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” outlining the Department of Justice’s (DOJ) intention to “investigate, eliminate and penalize illegal DEI and DEIA preferences, mandates, policies, programs and activities in the private sector and in educational institutions that receive federal funds.” This directive follows Executive Order 14173, signed by President Trump on January 21, 2025, which had a stated aim of ending illegal discrimination and restoring merit-based opportunities.
December 6, 2024
New York City Councilman Shaun Abreu, a cat owner, has introduced a groundbreaking bill — Introduction 1089 — that could make New York City the first jurisdiction in the nation to offer paid sick leave for pet care.
November 21, 2024
On November 13, 2024, in a landmark decision, the National Labor Relations Board (NLRB) ruled that “captive audience” meetings –? where an employer requires workers to attend a meeting in which the employer expresses its opinion about unionization –? are unlawful. This ruling, stemming from a case involving Amazon.com, marks a significant shift in labor law, overturning more than 75 years of established precedent. This ruling will apply prospectively.
October 28, 2024
Election Day is just around the corner on November 5, 2024, although many states permit early voting. In fact, according to CNN, more than 18 million Americans have already voted.
September 19, 2024
On August 28, 2024, New York State’s Freelance Isn’t Free Law (“FIFL”) took effect, extending protections to freelance workers statewide. This sweeping law is codified in a new Article 44-A to New York State’s General Business Law, ensuring clear expectations for both independent contractors and the organizations that engage them throughout New York State.
September 5, 2024
Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of efficiencies that AI tools offer for content generation, predictions, recommendations, and a seemingly endless number of other outcomes.
July 18, 2024
On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a proposed rule aimed at mitigating worker illnesses from extreme heat in indoor and outdoor work settings. This proposed Heat Injury and Illness Prevention standard – publicized through a Notice of Proposed Rulemaking – arrives at a critical juncture due to the alarming rise in temperatures in the U.S. and globally.
July 8, 2024
Earlier this year, the U.S. Department of Labor (“DOL”) issued a final rule modifying the standard for determining whether employees qualify for several key exemptions to the overtime pay requirements set by the Fair Labor Standards Act (“FLSA”).
June 14, 2024
On or before
July 1, 2024, all employers in New York City must provide current employees with a “
Workers’ Bill of Rights”
and post a multi-lingual “
Your Rights at Work” poster that contains a QR code linking to the Workers’ Bill of Rights on NYC’s website, conspicuously in an area accessible and visible to all employees.
May 15, 2024
New York is the first state in the United States to require employers to pay for prenatal personal care for their employees.
March 12, 2024
New York employers must now comply with a new privacy law in effect. Specifically, employers are prohibited from obtaining certain information and/or access to an applicant or employee’s personal electronic accounts.
December 28, 2023
On December 22, 2023, New York Governor Kathy Hochul gave a holiday gift to New York’s business community when she vetoed New York State Senate bill (S.3100A)—New York’s non-compete bill—that would have prohibited employers in New York from using noncompete agreements and certain other restrictive covenants with employees and other “covered individuals,” amending New York’s Labor Law. The business community lobbied for the Governor to veto or narrow the bill, fearing that the non-compete bill, in the form passed by the New York legislature, would damage New York’s economy, threatening innovation and causing businesses to flee New York for more employer-friendly states.
December 6, 2023
Non-compete agreements have been the subject of much discussion and scrutiny across the country. While some states and federal agencies push for prohibition of these types of restrictive covenants altogether, Maryland and New York continue their trends of narrowing the class of workers who may be lawfully subjected to a non-compete. Non-Compete Agreements have been the subject of much discussion and scrutiny across the country. While some states and federal agencies push for prohibition of these types of restrictive covenants altogether, Maryland and New York continue their trends of narrowing the class of workers who may be lawfully subjected to a non-compete.
November 8, 2023
As of November 22, 2023, employers of New York City employees and New York City places of public accommodation and housing providers are prohibited from discriminating based on an individual’s height or weight, with limited exceptions, following an amendment to New York City’s Human Rights Law.
EVENTS
March 27, 2025
Artificial intelligence is transforming the workplace, enhancing efficiency and innovation. However, its growing role in business operations, hiring and employment presents significant legal challenges.
PRESENTATIONS
March 28, 2025
AI is transforming business operations, but its use in hiring, employment, and vendor management presents key legal challenges.
August 9, 2024
In this webinar, Whiteford’s Labor and Employment Law Partners, Lisa Brauner and David Stevens, along with Eileen Johnson, Co-chair of Whiteford’s Associations & Nonprofit Organizations Section, discussed the significant changes to the salary threshold for salaried exempt employees under the Fair Labor Standards Act (FLSA) following the U.S. Department of Labor's Final Rule issued in April 2024.
March 7, 2024
As this election year heads into full gear, many nonprofit organizations will have questions about the types of advocacy, policy, lobbying, fundraising, outreach and electoral activities they and their employees may undertake to promote their mission and policy objectives.
December 6, 2023
This webinar discusses what certain states and federal agencies are doing to attempt to limit or prohibit the use of non-competes and practical considerations for employers in light of these recent developments.
