Labor and employment attorneys in New York state had a busy year in 2023! Changes to labor and employment laws at the federal, state and local levels came fast and furious. The U.S. Supreme Court revised the burden for religious discrimination claims. The National Labor Relations Board (NLRB) issued decisions and rules that affect union organizing, elections, settlement agreements, employer handbooks, independent contractor status and joint employer status. The Equal Employment Opportunity Commission (EEOC) amended its anti-harassment guidance. New York state updated its model harassment prevention policy, amended its laws on nondisclosure agreements and rules for lactation accommodations, banned captive audience meetings, limited employer access to applicant’s social media posts, and required pay transparency in job postings. New York City added height and weight as protected classes and amended its sick leave rules.

This is only a partial list! Meanwhile, artificial intelligence (AI) burst on the scene with new capabilities and uses. The EEOC issued guidance on using AI in employment decisions, New York City now requires AI bias audits, and attorneys re-examined their ethical and professional obligations regarding new technology.