Employment

The New York City Department of Consumer and Worker Protection (DCWP) has finalized new rules (the “Rules”) implementing the recent amendments to the New York City Earned Sick and Safe Time Act (“ESSTA”), which we previously discussed here.  The Rules, effective July 23, 2026, expand upon the ESSTA amendments to address important topics including the new 32-hour unpaid sick/safe leave requirement.  Importantly, the Rules also clarify several open issues that the ESSTA amendments left unanswered.  

HR and legal insights on AI in the workplace: why humans must stay in the loop, mitigate risk, and build trust through empathy, oversight, and culture.

A recent case from Brazil illustrates a developing category of AI risk with direct implications for U.S. businesses.  The court fined two lawyers for embedding a prompt injection into a court petition to manipulate the court’s AI tools.  The lawyers in question inserted invisible text (white letters on a white background) directing the court’s AI systems to review their petition, but not challenge it, regardless of any other instructions it was given.  The court discovered the hidden command, characterized it as an attempted manipulation of its AI systems, and sanctioned the lawyers. 

Ontario businesses should pay close attention to the workplace policies and postings they must maintain, the training they must deliver, and the safety committees they must organize. Below, we have provided an overview of some of the most common requirements applicable to Ontario employers. Stay tuned for future updates covering additional provinces, including Alberta, British Columbia, and Nova Scotia.

Explore how AI is reshaping litigation in this Mintz On Air podcast—covering court access, discovery, strategy, risk, and why human judgment still matters.

Connecticut employers that rely on AI-driven tools for recruiting, screening, or workforce management now face a detailed statutory framework governing those practices. Public Act No. 26-15 (the “Act”) was signed into law on June 2, 2026.  The Act addresses subjects ranging from automated hiring technology to whistleblower channels for employees at AI developers. The compliance timeline is staggered: some provisions took effect immediately, while the most operationally intensive obligations take effect in October 2027. Connecticut is the latest state to take steps towards regulating use of AI in the employment sphere, following Colorado, Illinois, New York City, California and others.

The New York State Assembly has passed a bill, which if signed by the Governor, would provide employees with new rights with respect to their personnel files, including notice of, and the opportunity to respond to, certain types of “negative information” placed in their personnel files.  S3460, which is modeled in part after Massachusetts’ personnel records law, would add new Section 210-b to the New York Labor Law and take effect sixty (60) days if and after Governor Hochul signs it into law. 

Both chambers of the New York Legislature have passed the No Severance Ultimatums Act and the Anti-Waiver of Employment Rights Act.  The No Severance Ultimatums Act would add certain procedural hurdles to obtaining an enforceable post-employment release of claims, while the Anti‑Waiver of Employment Rights Act would bar certain waivers of employee rights under the State’s Labor Law and Human Rights Law in pre‑ and post‑employment settings.  Both Acts reflect the Legislature’s intent to protect employees in the preservation and exercise of substantive and procedural rights.  The Legislature must still deliver both bills to Governor Hochul for her approval or veto before year-end. 

Crisis Management in the first hours: Mintz On Air podcast explores investigations, privilege, press strategy, and leadership decisions when allegations arise.

The Massachusetts Paid Family and Medical Leave Act (PFML) reshaped the Commonwealth’s leave landscape, imposing broad obligations on employers and providing employees with job-protected, paid leave for qualifying family and medical reasons. As we have noted, courts and the Department of Family and Medical Leave continue to work through various outstanding issues surrounding the relatively new statute.

AI in the boardroom: how boards can use AI without surrendering judgment. A practical podcast on corporate governance, fiduciary duties, and AI risk.

Empathy meets accountability in this Mintz On Air podcast on managing stressed employees, escalation‑first complaints, and HR‑smart leadership.

Three recent federal court decisions have created some uncertainty about whether materials created using generative AI tools are protected by attorney-client privilege or the work product doctrine. In United States v. Heppner, the court held that a party’s use of a consumer AI platform without attorney direction vitiated any privilege protection. However, in Warner v. Gilbarco, Inc. and Morgan v. V2X Inc., courts reached more protective conclusions, holding that AI tools are instruments, not third parties, and that using them does not automatically waive work product protection. These conflicting rulings highlight immediate risks for corporate entities and employees who use AI to research legal issues or prepare litigation-related materials.

In a win for employers, the First Circuit in Walsh v. HNTB Corporation has offered welcome clarity on the reach of the Supreme Court’s “some harm” standard as it relates to performance improvement plans.  We discuss the decision below and look forward to exploring it further – along with other important employment law issues – at our upcoming 2026 Mintz Employment Law Summit.

Practical Policies podcast discusses special operations veterans in the workplace and the leadership, teamwork, and planning skills they bring.

Artificial intelligence is no longer a future consideration for employers – it is already reshaping how companies hire, manage, and engage their workforces and how their workforce performs their job duties. From AI-powered resume screening tools to automated note-taking applications and generative AI platforms embedded in everyday workflows, AI has become a fixture in the modern workplace. But with rapid adoption comes a host of employment law considerations that employers cannot afford to overlook. 

Mintz On Air podcast compares California and Canadian employment law, covering non-competes, PTO, parental leave, severance, RIFs, and benefits.

The New York City Department of Consumer and Worker Protection (DCWP) has published a new “Notice of Employee Rights: Protected Time Off” which describes New York City employees’ rights to sick and safe time and paid prenatal leave under the recently amended NYC Earned Sick and Safe Time Act (ESSTA).  We discussed the ESSTA amendments that are due to take effect February 22, 2026 here.  New York City employers are required to provide NYC employees with this new notice within 30 days of the amendments taking effect (i.e., by March 24, 2026). 

A podcast discussion on AI’s role in hiring, employee management, and workplace decisions, with practical guidance for employers.