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Articles by Autumn Sharp
From Albany to NYC: Our 2026 Checklist to Help New York Employers Navigate What's Next
New York’s employment landscape is undergoing sweeping changes. Recent legislation introduces new compliance challenges across nearly every facet of workplace regulation—from pay transparency to leave entitlements, wage and hour rules, employment agreements, and more. Employers will need to revise policies, contracts, and day-to-day practices to stay compliant and avoid costly missteps. The time to act is now: getting ahead of these updates will keep your organization protected and prepared.
Prep Now For the California Workplace Know Your Rights Act: Action Required by February 1
By February 1, 2026, employers must give California employees a notice explaining their constitutional rights when interacting with law enforcement at the workplace, their immigration rights and protections, their rights to workers’ compensation benefits, their rights to organize or engaged in concerted activity, and other “new legal developments.” And by March 30, 2026, employers must allow their California employees to name an emergency contact who the employer will notify if the employer...
United States: Religious Beliefs in the Workplace following the Supreme Court's Bostock Decision (Video chat)
Find out more about Lexology or get in touch by visiting our About page. Content is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee similar outcomes. For more information, please visit: www.bakermckenzie.com/en/client-resource-disclaimer. Baker McKenzie delivers integrated solutions to complex challenges.
Navigating Labor's Response to AI
As AI adoption accelerates across workplaces, labor organizations around the world are beginning to take notice—and action. The current regulatory focus in the US centers on state-specific laws like those in California, Illinois, Colorado and New York City, but the labor implications of AI are quickly becoming a front-line issue for unions, potentially signaling a new wave of collective bargaining considerations.
Trump Appeals Maryland Court’s Preliminary Injunction Against the DEI Executive Orders - What US Employers Need to Know Today
On February 21, 2025, a federal district court in Maryland issued a preliminary nationwide injunction temporarily blocking significant provisions from two of President Trump’s executive orders targeting DEI programs. In a 63-page opinion, the judge concluded that the plaintiffs were likely to prevail in their challenges to these provisions on First and Fifth Amendment grounds.
Triple Feature: SCOTUS Issues 3 Blockbuster Immigration Decisions This Summer Impacting Employers and Foreign National Employers
This summer SCOTUS published three major decisions impacting workplace immigration decisions. Two of the decisions may require employers to shift their strategies for managing foreign-national talent, and the third essentially preserves the status quo. Below we outline the impact of the decisions on US-based employers: 1. SCOTUS strengthens the doctrine of consular nonreviewability limiting options for employers and visa applicants who receive unfavorable denial In Department of State v.
Is the End in Sight for PAGA Actions? Californians May Vote “YES” on November 5, 2024.
This fall, California voters will have the opportunity to decide the fate of the state’s Private Attorneys General Act (PAGA). After receiving more than the 700,000 signatures in support, the “California Employee Civil Action Law and PAGA Repeal Initiative” has qualified for the November 5, 2024 state ballot.
New York Employers’ New “To Do” Item for 2025: Provide Paid Prenatal Personal Leave Starting January 1
New York employers now have a big “to do” item for 2025. Starting January 1, 2025, New York employers will be required to provide employees with 20 hours of paid prenatal personal leave (PPPL) during any 52‑week calendar period in addition to paid sick and safe leave (PSSL). New York is the first state in the US to require employers to provide such leave.
Special Delivery: The PWFA Final Rule Has Arrived
Employers have been eagerly awaiting the EEOC’s Final Rule to implement the Pregnant Worker Fairness Act (PWFA), and it’s (finally!) here. On April 15, the EEOC issued the Final Rule, which largely follows the proposed rule (we blogged about the proposed rule here, and about the PWFA here). The Final Rule was published in the Federal Register on April 19, 2024 and will take effect on June 18, 2024. There are no major surprises for employers, but the Final Rule has arrived with a bit of controversy.
Breaking News: The FTC Bans Nearly All Employer-Employee Noncompetes Except Those Given as Part of a Bona Fide Sale of Business
Today, the Federal Trade Commission (FTC) voted 3-2 to issue its final rule on noncompetes, imposing a near-total ban on all employer-employee noncompetes in the US. Barring challenges (which are expected), the rule would become effective 120 days from publication. The rule will be a game-changer for companies operating in the US if it takes effect as issued. Here’s what you need to know now. What does the rule do?
New DOL Rule Makes it Harder for Businesses to Classify Workers as Independent Contractors Under the FLSA (Plus a Quick Reminder of the Key Misclassification Standards Across the US)
The Department of Labor’s “new” rule for classifying workers as employees or independent contractors under the Fair Labor Standards Act took effect March 11, 2024. The DOL’s Final Rule returns employers to a familiar pre-Trump administration totality of the circumstances test that focuses on the “economic realities” of the worker’s situation.
Pregnant Pause: The EEOC’s Delay In Issuing Final Regulations For The Pregnant Workers Fairness Act Does Not Delay Compliance
You’re not alone in wondering where the Equal Employment Opportunity Commission’s (“EEOC”) final regulations to implement the Pregnant Workers Fairness Act (“PWFA”) are. In fact, they are well past their due date. The PWFA became effective on June 27, 2023. In August 2023, the EEOC published proposed regulations to implement the PWFA. (We outlined the proposed regulations in our blog here, and about the PWFA here).
California Employers: Prepare Your Workplace Violence Prevention Plan Now As The Deadline Hits In T-Minus 3 Months
As a consistent trend-setter in passing employee-friendly legislation, California has enacted the country’s first workplace violence prevention safety requirements applicable to nearly all employers in the state. SB 553 requires California employers to adopt a comprehensive workplace violence prevention plan, train employees on workplace violence, and begin logging incidents by July 1, 2024.
Spring into Compliance: Our 2024 Planning Checklists for Employers in California, Illinois and New York
Earlier this year, many of you tuned into our 2023 – 2024 Employer Update webinars to plant seeds for success for the year ahead. Now, to ensure your compliance efforts are blooming, we’re sharing detailed checklists to help you ensure you’re ticking all the boxes! California’s 2024 Labor & Employment To-Dos Illinois’ 2024 Labor & Employment To-Dos New York’s 2024 Labor & Employment To-Dos For any additional support, please reach out your Baker McKenzie attorney.
End of the AB 51 Saga: California Employers Can and Should Continue Using Arbitration Agreements
The new year brought some good news for California employers. On January 1, 2024, U.S. District Court Judge Kimberly Mueller issued a decision permanently enjoining California state officials from enforcing AB 51, the contested law that sought to prohibit employers from “forcing” job applicants or employees to enter into pre-dispute employment arbitration agreements covering certain discrimination and retaliation claims.
A Legislative Snowstorm: Key 2024 Updates for Illinois Employers Include a Number of New Leave Obligations and More
Illinois employers navigated an avalanche of new laws in 2023, with more on the horizon in 2024 (and even 2025). New paid leave obligations for Illinois (and Chicago and Cook County) employers are a significant change, and additional developments expand employer liability in some circumstances where individuals are victims of gender-related violence.
California AI CLE Series
Special thanks to co-presenters Teresa Michaud and Bradford Newman. California’s CLE Compliance Deadline Is Approaching… Baker McKenzie Can Help! If your last name starts with H-M, you are probably well aware that your CLE compliance deadline is right around the corner – February 1, 2024.
More Scrutiny and Obligations for NY Businesses Engaging Independent Contractors Coming Spring 2024
We’re not even out of 2023, and New York employers who engage independent contractors already have new obligations to reckon with before next spring. On November 22, 2023, New York Governor Kathy Hochul signed the New York State “Freelance Isn’t Free Act”, increasing obligations for parties who engage freelance workers (including independent contractors).
New York Wipes Out Common Employer Protections in Release Agreements Involving Claims of Discrimination, Harassment and Retaliation
Heads up, New York employers. New York recently expanded its #MeToo statute to bar some of the most common terms for which employers bargain in settlement agreements involving claims of discrimination, harassment or retaliation.
New York Wipes Out Common Employer Protections in Release Agreements Involving Claims of Discrimination, Harassment and Retaliation
Heads up, New York employers. New York recently expanded its #MeToo statute to bar some of the most common terms for which employers bargain in settlement agreements involving claims of discrimination, harassment or retaliation.
Handbook Review Takes on a New Meaning: NLRB Adopts “Employee-Friendly” Standard for Evaluating Workplace Rules
The National Labor Relations Board has continued its recent spate of employee-friendly decisions with a new one that will require employers to think through work rules, policies and handbook provisions to determine whether they could–hypothetically, from an employee’s perspective–restrict an employee’s Section 7 rights.
Illinois Employers: Two Bills We Told You to Watch Are Now Law
As forecasted in our recent blog Illinois Employer Midsummer “Roundup”: Eight to Know and Two to Watch, our two bills “to watch” are now law. On August 4, Governor Pritzker signed HB 2862 into law, effective immediately, imposing new obligations on employers who use temporary employees, including providing information on their regular employees’ compensation to staffing companies and documenting and keeping records of training provided to the staffing company employee.
Illinois Employer Midsummer “Roundup”: Eight to Know and Two to Watch
It’s one of the hottest summers on record across the US and around the world, and things may be heating up for Illinois employers as well–with pending legislation that, if signed into law, would require employers to include pay scales in job postings and to meet new health and safety-related requirements when using temporary employees.
New York Employer Summer Roundup: Two to Know and Four to Watch
New York in the summer: warm days, Shakespeare in the Park, visits to the beach, and the end of the New York State legislative session–which often means a few surprises for New York employers.
Following King Solomon’s Lead, the Supreme Court Moves to the Middle on Religious Accommodation under Title VII
Splitting the baby on 50 years of precedent, the U.S. Supreme Court (SCOTUS) has clarified that employers must grant a religious accommodation request under Title VII of the Civil Rights Act of 1964 (Title VII) unless the accommodation would result in “substantial increased costs in relation to the conduct of [their] particular business.” On June 29, SCOTUS issued its unanimous decision in Groff v.
When Harmony Becomes Hostile: The Ninth Circuit Notes that Offensive Music in the Workplace Can Constitute Harassment
Employers can be liable for sexual harassment under federal law (Title VII of the 1964 Civil Rights Act) if “sexually explicit” or “aggressive” music is played in the workplace, the Ninth Circuit recently ruled in Sharp v S&S Activewear, L.L.C, 9th Cir. (June 2023). The Ninth Circuit’s ruling directly applies to employers in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands.
Enforcement of New York City's Artificial Intelligence Rule Begins July 5, 2023: Here's What Employers Need to Know Original
Just after the fireworks’ finale, New York City’s Department of Consumer and Worker Protection will begin enforcing its new ordinance regulating the use of automation and artificial intelligence in employment decisions. The DCWP recently issued a Notice of Adoption of Final Rule establishing that enforcement efforts will begin July 5, 2023.
EEOC’s New Guidance Focuses on Adverse Impact in AI Used in Employment Selection Procedures
The Equal Opportunity Employment Commission (EEOC) has released new guidance for employers on the use of artificial intelligence (AI) in employment, this time with a focus on adverse impact under Title VII.
Our 5-Part Series for Employment Counsel to Catch Up on Hot Topics in ID&E (Video Chats)
Special thanks to co-presenters Elizabeth Ebersole, Barbara Klementz, Dionna Shear, Amanda Cohen, Benjamin Ho, Jennifer Bernardo, Kaitlin Thompson, Marredia Crawford (Director, ID&E, Americas), Goli Rahimi, Paul Evans, Monica Kurnatowska and Blair Robinson. Our team is busy advising multinational companies on employment law issues surrounding workplace inclusion, diversity and equity programs. This is an area to watch as the legal landscape related to ID&E programs is shifting.
New York State Updates Its Model Sexual Harassment Prevention Policy: Is Yours Still in Compliance?
An updated New York State Sexual Harassment Prevention Model Policy (the “Model Policy”) is out. On April 11, 2023, Governor Kathy Hochul that the New York State Department of Labor (“NYSDOL”) finalized updates to the Model Policy, a template document New York State provides to help employers comply with state law.
ICYMI: New Federal Obligations for Employers to Provide Breaks for Nursing Mothers and Reasonable Accommodations for Pregnant Women
California has required all employers to provide lactation breaks (unless they can show that to do so would “seriously disrupt” their operations) since 2020. The federal government caught up late last year with the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). PUMP Act — The Basics Effective December 29, 2022, the PUMP Act expands workplace protections for employees with a need to express breast milk.
ICYMI: New Federal Obligations for Employers to Provide Breaks for Nursing Mothers and Reasonable Accommodations for Pregnant Women
California has required all employers to provide lactation breaks (unless they can show that to do so would “seriously disrupt” their operations) since 2020. The federal government caught up late last year with the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). PUMP Act — The Basics Effective December 29, 2022, the PUMP Act expands workplace protections for employees with a need to express breast milk.
United States: ID&E IMPACT - Diversity data collection and management - Pitfalls and practical tips (Video chat)
In brief It’s common practice for companies to collect diversity data and use it to assist in analyzing the concrete benefits of current inclusion, diversity and equity (ID&E) efforts in the workplace, and for recalibrating ID&E goals. However, collecting and managing diversity data can be fraught with risk.
ICYMI: New Federal Obligations for Employers to Provide Breaks for Nursing Mothers and Reasonable Accommodations for Pregnant Women
Caroline Burnett is a Knowledge Lawyer in Baker McKenzie’s North America Employment & Compensation Group. Caroline is passionate about analyzing trends in US and global employment law and developing innovative solutions to help multinationals stay ahead of the curve. Prior to joining Baker… Caroline Burnett is a Knowledge Lawyer in Baker McKenzie’s North America Employment & Compensation Group.
ID&E IMPACT: Diversity Data Collection and Management - Pitfalls and Practical Tips (Video)
Special thanks to co-presenter, Marredia Crawford. It’s common practice for companies to collect diversity data and use it to assist in analyzing the concrete benefits of current inclusion, diversity and equity (ID&E) efforts in the workplace, and for recalibrating ID&E goals. However, collecting and managing diversity data can be fraught with risk.
Employer WARN-ING: Potential Changes to New York’s and California’s WARN Acts Barreling Down the Turnpike
New Jersey may have started a trend. As of April 10, covered New Jersey employers must now comply with new requirements under the New Jersey mini-WARN Act (see our blog here). New York and California are giving chase, with proposed amendments to New York State’s WARN Act regulations, New York State’s WARN Act, and California’s WARN Act. And New York employers should take note: New York’s WARN Portal is set to go live this month.
Reading the Tea Leaves: What the NLRB GC’s New Guidance on Separation Agreements Means for Employers
As discussed in our blog here, in February the National Labor Relations Board issued the McLaren Macomb decision prohibiting employers from “tendering” to employees separation or severance agreements that require employees to broadly waive their rights under the National Labor Relations Act. As shared in our previous post discussing McLaren, your approach will depend on the type of workforce you have, your risk tolerance, and what you are trying to protect.
Illinois Employers: Got a Broad Management Rights Clause in Your CBA? BIPA Claims by Union Employees Preempted
The Illinois Supreme Court just handed union employers with broad management rights clauses in their collective bargaining agreements (CBA) a win. On March 23, 2023 the Illinois Supreme Court affirmatively answered a certified question (Does Section 301 of the Labor Management Relations Act preempt BIPA claims asserted by bargaining unit employees covered by a collective bargaining agreement?), and held in Walton v.
BIPA Liability in the Billions? Illinois Employers Beware: Claims Accrue with EACH Separate Scan or Transmission
Illinois employers, do you utilize any workforce monitoring or security measures, such as time clocks, that involve individuals’: Fingerprints Retina or iris scans Scans of hand or face geometry Voiceprints Biometric information (information based on the above that is used by the company to identify an individual) If so, read ahead because the Illinois Supreme Court just decided that doing so, without strict compliance with the Illinois Biometric Information Privacy Act (BIPA), could be a...
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