May 05, 2023

Labor and Employment Newsletter

3 min

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.


New Updates to New York's Model Sexual Harassment Policy and Training Reflect Evolving Concerns About Harassment in the Workplace

Consistent with its obligation to revisit the sexual harassment resources it publishes every four years, New York State recently finalized updates to its Model Sexual Harassment Policy and Model Sexual Harassment Prevention Training, replacing previous guidance issued in 2018. As a practical matter, New York employers should ensure that their policies and trainings align with the newly-issued guidance. But wise employers should also consider the behaviors these changes are designed to address, and the potential for related claims as the public understanding of sexual harassment evolves. Below are six concepts to account for when revising existing sexual harassment policies and training materials, and to consider when monitoring the workplace for problematic conduct.

Best Practices for Handling and Documenting a Non-Performing Employee

Addressing an employee's failure to meet performance expectations can be challenging for an employer. This article highlights best practices for handling and documenting a non-performing employee.

Identifying AI's Impact in Employment: New York City Issues New Rules for Employers Using Automated Tools for Hiring and Promotion

Attempting to increase transparency surrounding the use—and potential disparate impact—of artificial intelligence and data analytics in employment determinations, the New York City Department of Consumer and Worker Protection has issued final rules governing the use of automated employment decision tools in hiring and promotions in the City. The rules clarify the extensive requirements imposed by New York City Local Law 144, which is slated to take effect on July 5, 2023. Key takeaways include the obligation to conduct an exhaustive "bias audit" of covered computer-based techniques that issue predictions or rankings for candidates, and the requirement to conspicuously publish the results of such audit to the public.

Watch Your Tail: Will the FTC's Proposed Ban of Non-Compete Agreements Affect Fee Tail Agreements in the Sports Industry and Beyond?

As we previously discussed, the Federal Trade Commission (FTC) has proposed a rule that, if enacted, would result in a nearly complete nationwide ban on employers' use of non-compete agreements. The rule has passed through the notice and comment period, which expired on April 20, 2023. During this period, the public submitted comments on the rule, which will now be considered by the FTC prior to publishing a final rule.

Attorney Spotlight

Brett HalseyEarlier this year we were joined by new colleagues from Genovese Joblove and Battista, P.A., expanding Venable's presence in Florida. We asked Brett Halsey in Miami to tell us a little bit about what provokes his passion for his career.

"I'm most passionate about the law itself, and formulating winning arguments for my clients. I get the greatest satisfaction from developing a difficult argument on a complicated issue, presenting it in the most cohesive, persuasive manner possible, and getting that win on summary judgment. There is no better feeling!"

About the Labor and Employment Group

The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.

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