New Law In New York Places Employee NIL Rights In Spotlight

Principal Tim Bechen published an article in Law360 this week reviewing recent New York state legislation that safeguards employees regarding using their names, images, and likenesses (NIL). While New York is the first state to address NIL rights for workers, the legal landscape is expanding the rights made famous in recent years by college athletes.

Tim explains that employers must establish clear policies and procedures regarding using employees’ NIL in marketing materials, social media, and advertising. While permissibility varies by state and no federal statute governs the issue, he advises employers to include a provision in the employee handbook.

“We recommend including a simple form as part of this process where new employees can give written consent to be included in marketing, social media, and other promotional materials,” he writes. “For current employees, consider presenting the form as part of an annual or quarterly review process.”

Read the article in Law360 or access a complimentary copy (pdf).