On July 24, 2024, the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law (the “Law”). The Circuit Court found that...more
In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more
4/18/2024
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Continuing Violation Theory ,
Corporate Counsel ,
Family and Medical Leave Act (FMLA) ,
Hostile Environment ,
Human Rights ,
New York ,
Remote Working ,
Retaliation ,
Summary Judgment ,
Title VII
The New York City Council has passed a bill that creates a private right of action for individuals claiming violations of the NYC Earned Safe and Sick Time Act (“ESSTA”). The Council presented the bill to Mayor Eric Adams on...more
The New York State Department of Labor (“NYS DOL”) issued updated regulations under the New York State Worker Adjustment and Retraining Notification (WARN) Act (“the Act”), which requires covered employers to provide 90 days’...more
Individuals with a variety of hearing conditions may have disabilities covered by the ADA.
Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to...more
1/30/2023
/ Canada ,
Corporate Counsel ,
Disclosure Requirements ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Interpreters ,
Job Applicants ,
Reasonable Accommodation ,
Reporting Requirements ,
Sick Leave ,
Undue Hardship ,
Wellness Programs
Effective March 17, 2022, the New York State Commissioner of Health has ended the designation of COVID-19 as an airborne infectious disease under the New York HERO Act. As a result, employers are no longer required to enforce...more
3/21/2022
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
New York ,
Occupational Exposure ,
Public Health Emergency ,
Safety Management Systems ,
Safety Standards ,
Workplace Safety
New York Governor Kathy Hocul has signed into law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. ...more
On October 31, 2021, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until December 15, 2021. This means that New York...more
On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights Act of 1964 (“Title VII”) when an employee presents with a religious objection to a...more
10/26/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
On June 7, 2021, the New York State legislature amended certain provisions of the HERO Act which, as we previously reported, requires all employers in New York to adopt a prevention plan to protect against further spread of...more
On March 16, 2021, the CDC issued updated guidance for employers regarding COVID-19 vaccinations and the workplace. This guidance focuses on considerations for mandatory vaccination programs, reopening the workplace after...more
The federal Families First Coronavirus Response Act (“FFCRA”), which requires that employers with fewer than 500 employees provide sick and family leave benefits for certain COVID-19 related reasons, is due to sunset on...more
On November 2, 2020, the Eastern District of New York issued a notable decision regarding an employer’s compliance with federal and state public health law during the COVID-19 pandemic. This is not the only case of its kind...more
11/9/2020
/ Amazon ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
OSHA ,
Paid Sick Leave ,
Primary Jurisdiction Doctrine ,
Public Nuisance ,
Social Distancing ,
Wage and Hour ,
Warehouses ,
Workplace Safety
The Third Circuit recently issued a significant opinion in Bryan v. Government of the Virgin Islands, Case No. 18-1941, 2019 WL 661822 (3rd Cir. February 19, 2019) holding that the Virgin Islands did not violate the Age...more
3/11/2019
/ ADEA ,
Age Discrimination ,
Corporate Counsel ,
Disparate Impact ,
Disparate Treatment ,
Early Retirement ,
Employee Benefits ,
Employee Contributions ,
Pensions ,
Retirement Plan ,
Virgin Islands
This Election Day, voters in Arizona and Washington approved measures requiring employers to provide eligible employees with paid sick leave. These states are the latest to join the ever-expanding patchwork of jurisdictions...more
New York City Public Advocate Letitia James has introduced legislation before the City Council that would amend the New York City Human Rights Law to make it an unlawful employment practice for employers to request job...more
8/22/2016
/ Background Checks ,
City Councils ,
Corporate Counsel ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
NYCHRL ,
Pay Equity Laws ,
Popular ,
Proposed Legislation ,
Salary/Wage History ,
Wage and Hour
An amendment to the New York City Human Rights Law (NYCHRL) introduced before the City Council this week would add current or prior service in the uniformed services as a protected class under the law. If approved by the...more
A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...more
8/7/2015
/ Adverse Employment Action ,
Corporate Counsel ,
Demotions ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
McDonnell Douglas Formula ,
Motion to Dismiss ,
Pleading Standards ,
Popular ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Title VII ,
Twombly/Iqbal Pleading Standard
On January 7, 2015, the U.S. District Court for the District of Puerto Rico issued an opinion overturning a jury’s $3.5 million punitive damages award for retaliation claims brought under Title VII and Puerto Rico law,...more
On October 9, 2014, the United States Court of Appeals for the Second Circuit, in a summary order, affirmed a district court’s admission of evidence at trial of a former employee’s misconduct, discovered after the employee’s...more