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Employment Laws Shaping 2023

2023 is in full swing. While everyone is abuzz about ChatGPT taking over the world, a newly divided Congress is finding its sea legs and state capitols are eyeing new regulations. Agencies and courts have taken up hot-button...more

NY Requires Notice of Electronic Monitoring to Employees — Are You In Compliance?

As of May 7, 2022, new amendments to the New York Civil Rights Law (linked here) requiring New York employers to provide notice of electronic monitoring to employees went into effect. If your company has not already taken...more

The Cannabis Conundrum: A Warning For Employers

While many states have legalized medical and recreational marijuana, marijuana remains an illegal controlled substance under federal law. As we have previously discussed, this has created a conundrum of sorts for employers...more

When Home = Work: New DOL Guidance on Managing Your Remote Workforce

On Monday, July 20, 2020, the U.S. Department of Labor published additional guidance, addressing questions arising from the COVID-19 pandemic under the Fair Labor Standards Act (“FLSA”), the Family and Medical Leave Act...more

The First “Me Too” Verdict in New York Should Send A Strong Message to Managers and Employers

On Friday, July 27, after a 3 week trial in Manhattan, a jury awarded $1.25 million in damages to Enrichetta Ravina, a former professor at Columbia University Business School, who claimed that she was denied tenure and forced...more

Fiscal Year 2017 EEOC Statistics are Here (and So Is Retaliation!)

Last week the EEOC released its annual report breaking down charges received during the fiscal year. In fiscal year 2017, the agency received 84,254 charges and took in $398 million between voluntary resolutions and...more

Employer Vaccine Programs: A Case Where Religion is NOT a Factor

This year flu season came early and with a vengeance. As we mentioned in our October post, The Rise of Employee Religious Discrimination Claims, mandatory flu vaccines present a common pitfall for employers. As employers seek...more

Are “Cute” Employees A New Protected Class in New York?

New York employers now have a new class of employees to be wary of – the “cute”. A New York appellate court just issued a decision reviving a gender discrimination claim brought by a female plaintiff, who alleged that she...more

Are We Being Taped? – The Second Circuit Weighs in on Workplace Taping

In the era of the ever-present cell phone, where many people seem to video and record (and then post to social media) virtually everything that goes on in their lives, employers have tried to limit such activity in the...more

The “Knife’s Edge”: Second Circuit Dulls the Standard of Proof Needed for a Hostile Work Environment

The Second Circuit recently reversed a district court’s dismissal of a hostile work environment claim brought by a Muslim plaintiff. In-house counsel and human resources executives should take heed of this decision, which...more

‘Tis The Season for Sneezin’ – Where Does The Law Stand On Mandatory Flu Vaccines?

Fall is in the air – when the air becomes crisp, our thoughts turn to Halloween, turkey and — thanks to constant reminders — and our annual flu vaccine. Many health care facilities have implemented policies which...more

“Cooperation is Key” – Second Circuit Affirms Employer’s Ability to Fire an Employee for Refusal to Cooperate In an Internal...

In 2004, as then NY Attorney General Elliot Spitzer focused his efforts to root out fraud in an insurance brokerage giant, Marsh & McLennan, two Marsh executives, William Gilman and Edward McNenney, were caught in his...more

Managing Employee Requests for “Indefinite” Disability Leave: the D.C. Court of Appeals Offers Guidance

Managing employees’ requests for disability accommodations can be challenging, particularly when an employee requests leave for extended or unlimited periods of time. A common misperception by employers is that once an...more

Company to Pay $115,000 to Settle Sex Discrimination Suit on Behalf of Transgender Employee

As predicted, the news in the Labor/Employment world continues to center on developments in the area of legal rights for transgender employees. On January 21, the EEOC announced a $115,000 settlement of a complaint against a...more

A Cautionary FMLA Tale: “Let Them Fix It Before Firing” Must Employees Now Be Allowed to Cure Deficient Medical Certifications?

Compliance with the Family Medical Leave Act (“FMLA”) is a daily challenge for employers, as more and more employees seem to take advantage of the right to full and intermittent leave. I often see clients jump to hasty...more

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

Even If You Don’t Give Manicures – What All Employers Can Learn From Nail Salons

Many have been surprised and appalled with the recent series of articles in the New York Times exposing the alleged mistreatment of workers at nail salons. What struck me was how these articles should be a wake-up call for...more

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