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June 20, 2018

     Company-wide mandatory retirement age policies violate the federal Age Discrimination in Employment Act (“ADEA”), except in very limited circumstances. The ADEA, which applies to employers with 20 or more employees, protects employees age 40 and older from discrimination based on their age. As a result of a change in the law in 1986, all employees over 40 years old are generally covered by the ADEA. Since then, companies are no longer able to enforce a mandatory retirement age for all employees.

     There is one exception under the ADEA (outside of bona fide occupational qualification reasons for retirement) and that exception is for company employees in a bona fide executive...

June 13, 2018

     As of April 12, 2018, New York imposed new heightened obligations on employers to prevent sexual harassment of employees and certain non-employees in the workplace. The measure amends several existing laws to create a new scheme of requirements with respect to workplace sexual harassment. The amendments require employers to enact written sexual harassment policies, conduct annual sexual harassment prevention training for all employees, prohibit mandatory pre-dispute arbitration clauses relating to sexual harassment complaints, prohibit nondisclosure agreements for sexual harassment claims, and expand employer liability to sexual harassment claims by non-employees.

     I. Sexua...

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