Lauren Herz

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States Move To Address NLRB’s Inability To Act, But Legal Challenges Are To Come (US)

Update (9/15/2025 4 p.m. ET) – On September 15, the National Labor Relations Board (NLRB) filed a lawsuit against the State of New York and its Public Employment Review Board in a New York federal court seeking a declaratory judgment and an injunction against New York’s recently-passed law regulating private sector labor relations when the … Continue Reading

#Side Hustle: Employee Influencers and Side Gigs – What Employers Need to Know (US)

Social media influencers are everywhere – TikTok, Instagram, even LinkedIn – and employers are taking notice. And it’s not just professional content creators and celebrities – everyday employees are also building followings and shaping opinions online, including in ways that directly implicate their employers’ brands. … Continue Reading

New York’s “No Severance Ultimatums Act” Sets a New Minimum Standard for Severance Agreements, Expanding Protections for New York Employees (US)

On March 4, 2025, the New York state Senate passed S.372, the “No Severance Ultimatums Act” a first of its kind legislation which, if enacted, will require New York employers to: These protections will apply to all severance agreements except those covered by collective bargaining agreements. This bill has now moved to the New York … Continue Reading

Fashionably Late: Implementation of the New York Retail Worker Safety Act Delayed to June 2025 (US)

On February 14, 2025, the New York Retail Worker Safety Act, initially set to take effect March 4, 2025, was amended (S.B.740), and the new effective date moved to June 2, 2025. Background On September 4, 2024, New York Governor Kathy Hochul signed the New York Retail Worker Safety Act (the Act) (S.B. 8358-C/A. 8947-C) … Continue Reading

DOL Issues New Guidance, Specific Examples of Prohibited Retaliation Under WHD-Enforced Wage & Hour Laws (US)

On March 10, 2022, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published a Field Assistance Bulletin (FAB) entitled “Protecting Workers from Retaliation.” The FAB provides guidance on worker anti-retaliation protections available under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Migrant and Seasonal … Continue Reading

NYC’s COVID-19 Vaccine Passport Program Set to Expire Amidst Countrywide Wave of Pandemic Restriction Rollbacks (US)

In August 2021, New York City implemented a vaccine passport program, dubbed the “Key to NYC,” which required indoor dining, fitness, recreation and entertainment venues in NYC to verify that staff and guests ages 5 and older are vaccinated against COVID-19 as a condition of entry.  But waning positivity and hospitalization rates augur further changes … Continue Reading
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