Articles by Robert Holtzman
New York Enacts Law Granting Employees Right To Access Personnel Records
Robert N. Holtzman’s articles from Herbert Smith Freehills Kramer LLP are most popular: within Employment and HR topic(s) with Senior Company Executives and HR in United States with readers working within the Advertising & Public Relations, Business & Consumer Services and Healthcare industries On Sept. 9, 2026, Gov.
New York Enacts Law Granting Employees Right To Access Personnel Records
On Sept. 9, 2026, Gov. Kathy Hochul signed into law S3460, which grants employees the right to access their personnel records and requires employers to notify employees when negative information is placed in their personnel files. Gov.
EEOC Proposes To Eliminate EEO-1 Reporting: What Employers Need To Know
Robert N. Holtzman’s articles from Herbert Smith Freehills Kramer LLP are most popular: within Employment and HR topic(s) with Senior Company Executives and HR in United States with readers working within the Advertising & Public Relations, Technology and Retail & Leisure industries The U.S. Equal Employment Opportunity Commission (the Commission or the EEOC) is on the brink of ending its mandatory annual collection of workplace demographic data.
EEOC Proposes To Eliminate EEO-1 Reporting: What Employers Need To Know
The U.S. Equal Employment Opportunity Commission (the Commission or the EEOC) is on the brink of ending its mandatory annual collection of workplace demographic data. On July 21, 2026, the EEOC voted in favor of publishing a notice of proposed rulemaking to eliminate long-standing employer demographic reporting requirements, moving closer to the rescission of disclosure mandates that have existed for decades.
New York City Finalizes Paid Safe And Sick Leave Rules
On June 23, 2026, the New York City Department of Consumer and Worker Protection (DCWP) published its final amendments to the Rules of the City of New York (RCNY or the Rules) to address amendments to the Earned Sick and Safe Time Act (ESSTA) (Sections 20-912 et seq. of the N.Y.C. Administrative Code) expanding on permissible uses and providing additional leave time that went into effect on February 22, 2026, as reported in our prior Insight. The amended rules went into effect on July 23, 2026.
EEOC Issues New National Enforcement Plan With Renewed Focus On Employer DEI Programs
KL Herbert Smith Freehills Kramer LLP More Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be.
New York Legislature Passes Bill That Would Entitle Employees To Broad Access To Personnel Records
Robert N.
New York Legislature passes bill that would entitle employees to broad access to personnel records
Bill would impose onerous obligations on employers During the 2025-2026 New York Legislative Session, both houses of the NY Legislature passed a bill (S3460) that would amend the New York Labor Law to grant employees the right to access their personnel records and require employers to notify employees when negative information is placed in their personnel files.
Delaware Court Of Chancery Reinstates Seller CEO And Extends Earnout Payment Window, As Buyer’s ChatGPT Strategy Fails
Herbert Smith Freehills Kramer LLP are most popular: within Media, Telecoms, IT, Entertainment, Family and Matrimonial and Wealth Management topic(s) with Senior Company Executives, HR and Inhouse Counsel On March 16, 2026, the Delaware Court of Chancery in Fortis Advisors, LLC v. Krafton, Inc.
Delaware Court of Chancery reinstates seller CEO and extends earnout payment window, as buyer’s ChatGPT strategy fails
On March 16, 2026, the Delaware Court of Chancery in Fortis Advisors, LLC v. Krafton, Inc. issued a post-trial decision in which the court resolved in favor of plaintiff sellers the first phase of a dispute over a buyer’s extraordinary attempts to avoid having to pay a $250 million earnout it had agreed to pay in connection with an acquisition. Along the way, the court recounted how the defendant’s execution of a ChatGPT-generated corporate strategy, in its view, went awry.
New York’s Employers Are Caught In The Middle: Contending With Diverging Federal And State Employment Law Agendas | JD Supra
As we anticipated at the beginning of last year, the Trump administration ushered in substantial changes to many aspects of the federal government’s administrative agenda, which had far-reaching impacts on employers. Even with this prediction, employers may have been surprised by how focused the Trump administration has been on employment practices and the various ways it has pressed federal agencies and private employers to adopt its interpretation of employment laws.
The FTC's Non-Compete Rule Is Dead
Earlier this week, the US Court of Appeals for the Fifth and Eleventh Circuits dismissed the Federal Trade Commission's (FTC) pending appeals in its defense of the FTC's Non-Compete Rule, granting the FTC's unopposed motions to voluntarily dismiss the cases. This marks the end of a yearslong effort by President Joe Biden's FTC to ban virtually all employee noncompete agreements nationwide through the FTC's formal rulemaking process.
DOJ Issues Guidance On 'Unlawful' Employer DEI Policies, Programs And Practices
KL Herbert Smith Freehills Kramer LLP More Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be.
DOJ Issues Guidance on ‘Unlawful’ Employer DEI Policies, Programs and Practices | JD Supra
As discussed in our prior alert and seen in numerous actions undertaken since the Trump administration took office, employers should expect significant changes to the federal government’s antidiscrimination enforcement policies regarding employer diversity, equity and inclusion (DEI) programs and initiatives. On July 29, 2025, the U.S. Department of Justice (DOJ) issued a memorandum that offers additional guidance regarding the federal government’s view of certain DEI-related practices.
DOJ issues guidance on ‘unlawful’ employer DEI policies, programs and practices
As discussed in our prior alert and seen in numerous actions undertaken since the Trump administration took office, employers should expect significant changes to the federal government’s antidiscrimination enforcement policies regarding employer diversity, equity and inclusion (DEI) programs and initiatives. On July 29, 2025, the U.S. Department of Justice (DOJ) issued a memorandum that offers additional guidance regarding the federal government’s view of certain DEI-related practices.
New York's Employers Are Caught In The Middle: Contending With Diverging Federal And State Employment Law Agendas
Herbert Smith Freehills Kramer LLP are most popular: within Employment and HR, Transport and Antitrust/Competition Law topic(s) As we anticipated at the beginning of last year, the Trump administration ushered in substantial changes to many aspects of the federal government's administrative agenda, which had far-reaching impacts on employers.
EXPERT INSIGHTS-CONSULTING THE CRYSTAL BALL-WHAT EMPLOYERS CAN ANTICIPATE IN 2025
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Consulting The Crystal Ball - What Employers Can Anticipate In 2025
With Inauguration Day now behind us and a new presidential administration taking control, employers should expect significant changes to many aspects of the federal government's administrative agenda under a second Donald Trump presidency.
Consulting the Crystal Ball — What Employers Can Anticipate in 2025 | JD Supra
With Inauguration Day now behind us and a new presidential administration taking control, employers should expect significant changes to many aspects of the federal government’s administrative agenda under a second Donald Trump presidency.
Employers Required To Provide Notice Under New York State Reproductive Health Bias Law Following Second Circuit Ruling Vacating Injunction
On Jan. 2, 2025, the U.S. Court of Appeals for the Second Circuit in CompassCare v. Hochul vacated a lower court's injunction that had forestalled implementation of a requirement under New York's reproductive health bias law, codified at Labor Law Section 203-e (the Act), that employers notify employees of their rights under the Act to be free from discrimination or retaliation based on employees' or their dependents' reproductive health decision making.
Employers Required to Provide Notice Under New York State Reproductive Health Bias Law Following Second Circuit Ruling Vacating Injunction | JD Supra
On Jan. 2, 2025, the U.S. Court of Appeals for the Second Circuit in CompassCare v. Hochul vacated a lower court’s injunction that had forestalled implementation of a requirement under New York’s reproductive health bias law, codified at Labor Law Section 203-e (the Act), that employers notify employees of their rights under the Act to be free from discrimination or retaliation based on employees’ or their dependents’ reproductive health decision making.
Developments in New York and New York City Employment Law: What Employers Need To Know Going Into 2025 | JD Supra
As we head into a new year, employers should make plans to implement developments in various areas of employment law that will take effect in 2025 while confirming compliance with changes that have occurred over the past year. This alert highlights those changes for New York State and New York City and covers what employers can do to prepare for these developments. New York Clean Slate Act, Effective Nov. 16, 2024 The New York Clean Slate Act (or the Act), which took effect Nov.
Federal Court Vacates DOL Overtime Rule
A federal court has vacated the U.S. Department of Labor's (DOL) 2024 final overtime rule, which increased the minimum salary threshold at which employees could be classified as exempt from overtime pursuant to the white collar exemptions available under the Fair Labor Standards Act (FLSA) for executive, administrative and professional (EAP) employees as well as the higher threshold applicable to highly compensated employees (HCE).
Federal Court Vacates DOL Overtime Rule | JD Supra
A federal court has vacated the U.S. Department of Labor’s (DOL) 2024 final overtime rule, which increased the minimum salary threshold at which employees could be classified as exempt from overtime pursuant to the white collar exemptions available under the Fair Labor Standards Act (FLSA) for executive, administrative and professional (EAP) employees as well as the higher threshold applicable to highly compensated employees (HCE).
Corporate Governance: 2024 Midyear Review
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In this midyear update, we cover a number of significant corporate governance developments that have taken place over the first half of the year and since our Corporate Governance 2023 Year-End Review.
By Christopher Auguste, Mathilde Carle, Roy Englert, Reid Feldman, Robert Holtzman, Shari Kahn Krouner, Yasho Lahiri, Kerri Ann Law, Todd Lenson, Gary P.Naftalis, Andrew Otis, Jordan M. Rosenbaum, Harry Rubin, George Silfen, Jonathan Wagner, Robert Weiss, Jennifer Windom, Daniel Zimmerman, Darina F. Delappe, Alan Friedman Verified, Thomas Molner, Jeffrey Taub, Austin Manes, Jonaki Singh, Hannah Sosland, David Yanvarashvili
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Lexology
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EXPERT INSIGHTS-COMPLYING WITH PAY TRANSPARENCY OBLIGATIONS: WHAT NEW YORK CITY'S RECENT ENFORCEMENT ACTIVITY SIGNALS FOR EMPLOYERS IN 2024
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Complying With Pay Transparency Obligations: What New York City's Recent Enforcement Activity Signals For Employers In 2024
It has been more than a year since New York City's pay transparency law, codified at Section 8-107(32) of the Administrative Code of the New York City Human Rights Law (NYCHRL), went into effect, and we are now starting to see how the law will be enforced by the New York City Commission on Human Rights (NYCCHR or the Commission).
Complying With Pay Transparency Obligations: What New York City’s Recent Enforcement Activity Signals for Employers in 2024 | JD Supra
It has been more than a year since New York City’s pay transparency law, codified at Section 8-107(32) of the Administrative Code of the New York City Human Rights Law (NYCHRL), went into effect, and we are now starting to see how the law will be enforced by the New York City Commission on Human Rights (NYCCHR or the Commission).
Complying With Pay Transparency Obligations: What New York City’s Recent Enforcement Activity Signals for Employers in 2024
It has been more than a year since New York City’s pay transparency law, codified at Section 8-107(32) of the Administrative Code of the New York City Human Rights Law (NYCHRL), went into effect, and we are now starting to see how the law will be enforced by the New York City Commission on Human Rights (NYCCHR or the Commission).
2023: The Year Of Uncertainty For Employment Lawyers
2023 was, well, a mixed bag. Employers are left wondering what the future state of diversity initiatives in the workplace will look like as various forms of litigation bubble their way up, perhaps again to the U.S. Supreme Court. Employers are also taking note of more aggressive federal agency action and state legislation placing further restrictions on settlement and release agreements.
2023: The Year of Uncertainty for Employment Lawyers | JD Supra
2023 was, well, a mixed bag. Employers are left wondering what the future state of diversity initiatives in the workplace will look like as various forms of litigation bubble their way up, perhaps again to the U.S. Supreme Court. Employers are also taking note of more aggressive federal agency action and state legislation placing further restrictions on settlement and release agreements.
New York State Requires Employers To Modify Provisions In Separation And Settlement Agreements
On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York's General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen protections allowing workers to openly discuss any alleged harassment, discrimination and retaliation without fear of reprisal.
2023: The Year of Uncertainty for Employment Lawyers
2023 was, well, a mixed bag. Employers are left wondering what the future state of diversity initiatives in the workplace will look like as various forms of litigation bubble their way up, perhaps again to the U.S. Supreme Court. Employers are also taking note of more aggressive federal agency action and state legislation placing further restrictions on settlement and release agreements.
New York State Requires Employers To Modify Provisions in Separation and Settlement Agreements | JD Supra
On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen protections allowing workers to openly discuss any alleged harassment, discrimination and retaliation without fear of reprisal.
New York State Requires Employers To Modify Provisions in Separation and Settlement Agreements
On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen protections allowing workers to openly discuss any alleged harassment, discrimination and retaliation without fear of reprisal.
Gov. Hochul Signs Four Bills Amending the New York Labor Law | JD Supra
Gov. Kathy Hochul signed four bills amending the New York Labor Law this month regarding (1) employers demanding social media account information from applicants and employees, (2) providing notice of eligibility of unemployment benefits to terminated employees, (3) prohibiting mandatory meetings at work about political and religious beliefs, and (4) invention assignment provisions contained in employment agreements. This alert summarizes those laws and what employers need to know about them.
Gov. Hochul Signs Four Bills Amending The New York Labor Law
Gov. Kathy Hochul signed four bills amending the New York Labor Law this month regarding (1) employers demanding social media account information from applicants and employees, (2) providing notice of eligibility of unemployment benefits to terminated employees, (3) prohibiting mandatory meetings at work about political and religious beliefs, and (4) invention assignment provisions contained in employment agreements. This alert summarizes those laws and what employers need to know about them. Gov.
Gov. Hochul Signs Four Bills Amending the New York Labor Law
Gov. Kathy Hochul signed four bills amending the New York Labor Law this month regarding (1) employers demanding social media account information from applicants and employees, (2) providing notice of eligibility of unemployment benefits to terminated employees, (3) prohibiting mandatory meetings at work about political and religious beliefs, and (4) invention assignment provisions contained in employment agreements. This alert summarizes those laws and what employers need to know about them.
Supreme Court’s Affirmative Action Decision: Uncertainty Looms Over the Future of DEI in the Workplace | JD Supra
Since the U.S. Supreme Court decided in Students for Fair Admissions, Inc. v.
New York State Legislature Passes Bill Banning Non-Compete Agreements And Other Employment Legislation
New York's Legislature concluded its legislative session with a flurry of activity, including the passage of four notable employment-related bills.
New York State Legislature Passes Bill Banning Non-Compete Agreements and Other Employment Legislation | JD Supra
New York’s Legislature concluded its legislative session with a flurry of activity, including the passage of four notable employment-related bills.
New York State Legislature Passes Bill Banning Non-Compete Agreements and Other Employment Legislation
New York’s Legislature concluded its legislative session with a flurry of activity, including the passage of four notable employment-related bills.
New York City's New AI Bias Law Is About To Take Effect: What You Need To Know
On July 5, 2023, the New York City Department of Consumer and Work Protection (DCWP) will begin enforcement of Local Law 144 (Law), which regulates employers' use of "automated employment decision tools" (AEDTs) to screen applicants or employees in New York City when making employment decisions. AEDTs use machine learning, artificial intelligence (AI) and other processes to assist employers in evaluating candidates for hire or promotion.
New York City’s New AI Bias Law Is About To Take Effect: What You Need To Know | JD Supra
On July 5, 2023, the New York City Department of Consumer and Work Protection (DCWP) will begin enforcement of Local Law 144 (Law), which regulates employers’ use of “automated employment decision tools” (AEDTs) to screen applicants or employees in New York City when making employment decisions. AEDTs use machine learning, artificial intelligence (AI) and other processes to assist employers in evaluating candidates for hire or promotion.
FTC Takes Aim at Non-Compete Agreements | JD Supra
On Jan. 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to publish a Notice of Proposed Rulemaking for a Non-Compete Rule (Proposed Rule), which provides that virtually all non-compete clauses with employees, independent contractors and other workers are invalid and unenforceable as an unfair method of competition. As a result, if the Proposed Rule takes effect, it will ban employers from entering into and enforcing non-compete clauses with all such workers.
FTC Takes Aim at Non-Compete Agreements
On Jan. 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to publish a Notice of Proposed Rulemaking for a Non-Compete Rule (Proposed Rule), which provides that virtually all non-compete clauses with employees, independent contractors and other workers are invalid and unenforceable as an unfair method of competition. As a result, if the Proposed Rule takes effect, it will ban employers from entering into and enforcing non-compete clauses with all such workers.
Developments in Employment Law as We Head Into 2023 | JD Supra
As we head into a new year, it is important for employers to be aware of and plan for developments in various areas of employment law that have recently taken effect or will take effect in 2023. This alert highlights those changes, including (1) expanded protections for employees; (2) New York’s new gun laws; (3) wage and hour developments; and (4) COVID-19 updates. This alert also covers what employers can do to prepare for these developments.
The Speak Out Act – New Law Implements Limits on Confidentiality and Nondisparagement Provisions | JD Supra
On Nov. 16, 2022, the House passed the “Speak Out Act,” which President Biden is expected to sign into law. The Act limits the enforceability of pre-dispute nondisclosure and nondisparagement provisions relating to disputes involving sexual assault and sexual harassment.
Pay Transparency Laws Are Expanding Across the Nation. What’s an Employer to Do? | JD Supra
Pay transparency laws that require disclosure of anticipated compensation for open positions (and sometimes for current positions) are increasingly being passed by states and local jurisdictions. New York City’s law goes into effect on Nov. 1, and a New York State pay transparency bill is sitting on Gov. Kathy Hochul’s desk awaiting her signature. These laws will significantly impact both employers’ recruiting strategies and employee retention.
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