Employment

The Equal Employment Opportunity Commission ("EEOC") released its Proposed Enforcement Guidance on Harassment in the Workplace.  In light of recent legal developments, such as the Bostock v. Clayton County decision, which held that Title IX protects transgender persons from discrimination on the basis of sex, the #MeToo movement, the increase in remote work, changes to abortion rights, and changes in the way harassment may occur (e.g., online bullying or harassment), the proposed guidance illustrates the EEOC’s current interpretation of “existing requirements of the law” and/or its policies.  Here are some notable parts of the guidance:

In 2020, New York City amended its paid sick leave law, named the Earned Safe and Sick Time Act (“ESSTA”), to better align with New York State’s Paid Sick Leave law.  Following these amendments, the Department of Consumer and Worker Protection (DCWP) published updated notices and FAQ documents, but stopped short of publishing formal updates to the corresponding ESSTA Rules – until now.

Multiple provinces in Canada increased their general minimum wages effective October 1, 2023. The provinces that made such increases and their new minimum wages are as follows

On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of Appeals in Carr v. New York City Transit Authority, has now clarified its view of the standard for pleading retaliation claims under Title VII.

On the heels of the New York and FTC non-competition legislation (discussed here and here), Governor Newsom recently signed an amendment to California’s non-compete ban into law. The amendment, S.B. 699, takes effect on January 1, 2024.