Compliance Stuff

Key Takeaways: The DOL is moving toward a more predictable and control-focused framework. In determining joint-employer status, the proposed rule emphasizes actual control over employees and work conditions rather than broader or more expansive theories. Franchise and business-to-business relationships receive meaningful protection. The proposal expressly recognizes the DOL’s longstanding position that certain business models, such as the franchise model, do not themselves indicate joint-employer status. The DOL is attempting to harmonize inconsistent standards across federal law. The DOL repeatedly notes that federal appellate courts currently apply differing joint-employer standards and that the absence of regulatory guidance has created uncertainty for businesses, workers, and courts. The U.S. Department of Labor (DOL) has issued a proposed rule (Joint-Employer Status Under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultur...

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. The Spring 2026 issue includes:   Appeals Court reins in attempt to stretch contractual indemnity No witness is no bar to recovery When a pallet jack constitutes a safety device Volunteer on the job not covered under Labor Law Source(s): Labor Law Update Spring 2026 . (2026). Goldberg Segalla. https://www.goldbergsegalla.com/news-and-knowledge/knowledge/labor-law-update-spring-2026/?utm_source=elinfonet&utm_medium=referral Issuu Reader . (2026). Issuu.com. https://issuu.com/goldbergsegalla/docs/goldberg_segalla_-_labor_law_update_spring_2026?fr=xKAE9_zMzMw ‌ ‌  

KEY TAKEAWAYS: At this time, the New York State Workers’ Compensation Board requires all Request for Further Action by Insurer/Employer forms (Form RFA-2) be submitted electronically via eCase – paper RFA-2 forms are no longer accepted or acted upon Carriers and self-insured employers who want to give defense counsel the ability to file the eForm RFA-2 must add counsel as a Party of Interest (POI) To add counsel as a POI – enabling them to file the RFA-2 on your behalf – your administrator should access the claim, go to the “Party of Interest” tab, and choose the option to add a party of interest Instructions for Adding a Representative to a Specific Case The carrier eCase Administrator may add defense counsel to notice, which will allow access to the eForm button and RFA-2. Detailed instructions may be found here:  https://www.wcb.ny.gov/content/ebiz/ecase/party-of-interest-representatives.jsp To Add a Representative as a POI to a Specific Case: Select the  POI  tab in e...

KEY TAKEAWAYS: A recent federal court case provides guidance on how to address an employee’s request for an accommodation based upon a sincerely held religious belief Employers must offer reasonable accommodations for the sincerely held religious beliefs of employees who seek exemptions from certain mandates and policies In addressing the request for a reasonable accommodation, employers should not address the validity or plausibility of the employee’s belief Employers may consider if the sincerely held religious belief is based upon secular beliefs by evaluating how the employee frames their request, but still, employers should do so cautiously A recent federal court case heard by Chief Judge Matthew Brann for the Middle District of Pennsylvania provides employers with guidance on how to address an employee’s request for an accommodation based upon a sincerely held religious belief. In  Rackovan v. The Pennsylvania State University , the employee sought to be exempted from the uni...

Key Takeaways Beginning on April 18, New York employers are prohibited from using credit history information in employment decisions unless financial information is directly relevant to the role. Even indirect reliance on credit history may create risk. This applies to pre-employment screening and employment-related decisions during the course of employment. Failing to comply may lead to statutory penalties, administrative enforcement actions, and private litigation. Overview New York has amended the New York State Fair Credit Reporting Act to prohibit most employers from using credit history information in employment decisions. The amended law takes effect April 18, 2026, and applies broadly to hiring, compensation, promotion, and other terms and conditions of employment. This development expands existing restrictions and reflects a broader regulatory trend limiting the use of screening tools that are not closely tied to job performance . The amended law reflects increasing scrutiny o...

KEY TAKEAWAYS: Hochul signs laws that protect individuals who request a reasonable accommodation from retaliation and prohibit the use of a person’s consumer credit history in employment decisions Hochul also signs laws that memorialize disparate impact theories in the New York State Human Rights Law and that prohibit employers from conditioning repayment of costs for employee training if the individual fails to work for a certain time period Hochul vetoes bill that would amend the New York Labor Law to be liberally construed in favor of workers New York Expands the Human Rights Law to Protect Individuals Who Request a Reasonable Accommodation from Retaliation On December 5, 2025, Gov. Hochul signed the  Reasonable Accommodation Anti-Retaliation Rights Law , which expands the New York State Human Rights Law. This law amends Executive Law Section 296(7) to make it an unlawful discriminatory practice to retaliate against individuals who  request  a reasonable accommodation....

KEY TAKEAWAYS: The federal government seeks to embrace the Artificial Intelligence revolution, de-regulate the industry, and solicit significant investment to spur exponential growth The federal government’s hands-off approach with respect to regulation and enforcement has led states, like New York, to enact their own regulations and restrictions for AI New York City made the first attempt to regulate AI in the employment context, which the State of New York hopes to build upon and strengthen in all facets of daily life As 2025 ends, employers and business owners may claim that the Trump Administration’s embrace of the Artificial Intelligence (AI) revolution was a major focal point of the administration’s first-year agenda. Indeed, the Trump Administration views AI as a tool to spur economic growth and competitiveness, which, in turn, requires little regulation for industry to thrive . Recently, t he topic of federalism has entered public conversation: should the federal government re...

KEY TAKEAWAYS In October, the EEOC was restored to full decision-making power for the first time since President Trump’s dismissal of two Democratic members in January. A Trump nominee and employer-friendly board member was recently approved by the Senate, and another Trump nominee for the general counsel position is likely to be confirmed by the Senate. If confirmed, the EEOC is expected to pursue the Trump Administration’s employer-focused agenda through its litigation strategy. In October, the U.S. Equal Employment Opportunity Commission (EEOC) was restored to its full decision-making power for the first time since January.  If confirmed by the Senate, the EEOC will soon be headed by a long-time employment defense lawyer. In January, President Donald Trump dismissed two Democratic EEOC board members and general counsel Karla Gillbride, which deprived the EEOC of a quorum. Without a quorum in the five-seat board, the EEOC lacked its ability to promulgate or rescind formal public...

As we move further into 2025, the employment law landscape continues to evolve rapidly, driven by significant regulatory changes and emerging workplace dynamics. For employers and counsel, staying ahead of these trends is crucial for effectively advising clients and mitigating risks. Here are the key employment law trends to watch in 2025: Regulatory Shifts Under the New Administration The new presidential administration has brought a wave of changes, particularly through executive orders and agency actions. T he focus has shifted toward reducing federal oversight and regulatory burdens on businesses. However, states are stepping in to fill the gaps, potentially increasing enforcement at the state level. This dual dynamic requires employers to stay vigilant and compliant with both federal and state regulations. EEOC’s Evolving Priorities The Equal Employment Opportunity Commission (EEOC) has undergone significant leadership changes, impacting its enforcement priorities. The EEOC is now...