As anticipated, on March 3, 2022, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”). As we discussed in a recent blog post, the Act limits the enforceability of U.S. employers’ mandatory arbitration agreements which require that all employment-related claims be arbitrated, rather than litigated.  Under the new law, employees may now opt to pursue their sexual assault or sexual harassment claims in court even if they signed an arbitration agreement with their employer that waived their right to do so. 

The U.S. Department of Homeland Security (“DHS”) has designated Ukraine for Temporary Protected Status (“TPS”) in response to the Russian invasion and resultant humanitarian crisis. TPS provides eligible individuals with permission to remain and work in the United States for the duration of the designation. Although the current Ukraine designation is only 18 months, DHS may eventually elect to extend it should country conditions warrant.

On January 26, 2022, a new law amending New York’s whistleblower statute (Section 740 of the NY Labor Law) took effect, significantly bolstering protections for private-sector employees alleging retaliation against their employers. Specifically, the amended law prohibits private-sector employers from retaliating against employees, former employees, and independent contractors for disclosing or threatening to disclose, to a supervisor or public body, any conduct that they reasonably believe violates any law, rule or regulation, executive order, or any judicial or administrative decision, ruling, or order; or that they reasonably believe constitutes a substantial and specific danger to the public health or safety.

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which amends the Federal Arbitration Act by prohibiting employers from forcing employees to arbitrate sexual harassment and sexual assault complaints. President Biden is expected to sign the Act into law. Once signed, the Act will be effective immediately. The Act represents a significant change from the overall trend in workplace law allowing employers to require employees to arbitrate workplace disputes.

Last year, California passed the COVID-19 Supplemental Paid Sick Leave law (SPSL), requiring employers with more than 25 employees to provide supplemental paid sick leave for certain absences related to COVID-19. Intended as a temporary measure, the law expired on September 30, 2021. However, given the pandemic’s continued impact, SPSL was recently revived as Senate Bill 114 and signed back into law (2022 SPSL) by Governor Gavin Newsom on February 9, 2022, with a few notable changes from last year.  

In an effort to achieve greater pay equity, New York City is following a growing legislative trend by enacting a new salary transparency law. Last December, the New York City Council passed a bill, amending the New York City Human Rights Law (NYCHRL) by requiring New York City employers to include minimum and maximum salary information in job postings for positions located within New York City. The bill lapsed into law on January 15, 2022 and goes into effect on May 15, 2022.

You’ve decided to form a limited liability company (LLC) for your new business venture - congratulations. Now you must make a few key decisions about the LLC, such as choosing the state of formation and filing to register your entity. As we discussed in an earlier post, another basic step in the formation process is drafting an operating agreement (also known as an LLC agreement) which will include important provisions relating to the management and ownership of the business.

Biden Administration rescinds travel ban for Southern African countries. COVID testing/proof of recent recovery still required for all U.S.-bound air travelers, regardless of citizenship.