Adam D. Mitzner

Employment Law Changes for 2026

With the New Year comes new laws. Here are some changes that may impact your business:

Bartko Pavia Secures Third Circuit Affirmance of Dismissal of Racial Discrimination and Statutory Claims

On February 3, 2026, Bartko Pavia won an affirmance in the Third Circuit of a complete dismissal of claims brought against its client for racial discrimination and retaliation under federal civil rights laws, and for violation of Pennsylvania’s statute governing the use of criminal background checks in hiring decisions. The Third Circuit held that the Eastern District Court of Pennsylvania properly dismissed the federal civil rights claims, adopting Bartko Pavia’s position that the pleadings did not provide sufficient facts to infer the termination in question was racially motivated. The Third Circuit also agreed with Bartko Pavia’s position that the claim brought under Pennsylvania’s Criminal History Records Information Act (the “CHRIA”) was deficient because the law applies only to hiring decisions, and the employee in question was fired because of the client’s discovery of the employee’s criminal record. This matter was handled by Bartko Pavia attorneys Adam Mitzner

Bartko Pavia’s Patrick M. Ryan obtains $222 million jury verdict against Walmart

Press Contact

Client Alert: Increase in Salary Threshold for Administrative Exemption for Employees Working in New York City

Starting on January 1, 2025, the minimum salary for New York City employees to meet the salary  threshold for the administrative exemption is $1,237.50 per week or $64,350 per year.  

New Legal Requirements for Written Workplace Violence Prevention Policies Applicable to Certain Retail Employers

The recently enacted New York Retail Worker Safety Act requires retail employers with over ten employees to implement written workplace violence prevention policies and trainings that address workplace violence risk factors and prevention methods. These guidelines must be in place no later than March 1, 2025.

FTC Ban on Non-Compete Agreements Invalidated

A federal court has halted the implementation of a Federal Trade Commission rule that would have largely banned the enforcement of non-compete agreements between employers and employees. That rule would have gone into effect on September 4.

How to Comply with the FTC Ban on Non-Compete Agreements

As we indicated in an earlier Client Alert on April 24, 2024, the Federal Trade Commission has issued anew rule that will ban non-compete agreements for all employers in the United States, with certain limited exceptions. The new rule remains on track to take effect on September 4, 2024. There have been legal challenges to the non-compete ban, but they have been unsuccessful in securing an order invalidating the non-compete ban for all employers.

Upcoming Compliance Date Under New York City's Workers' Rights Law

By July 1, 2024, all New York City employers must inform their employees of the Workers’Bill of Rights in the following ways:

Unpaid Internships in New York

With summer approaching, your company may be considering offering unpaid internships. Whileunpaid internships historically have been common practice among companies, there are strict legalrules governing them.

FTC Ban on Non-Compete Agreements

On April 23, 2024, the FTC issued a ban on all future non-compete agreements between for-profit business and their employees, while permitting existing non-competes to remain in place only for those employees that (i) earn more than $151,164; and (ii) are in a “policy-makingposition.”