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Navigating Requests for Animals on Campus

With college student mental health issues on the rise nationwide, college administrators are likewise seeing an increase in requests for emotional support animals to be present on campus. In considering these requests,...more

Proposed Rule Would Preclude Undergraduate and Graduate Students from Union Organizing

On September 23, 2019, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking that addresses the long-standing issue of whether undergraduate and graduate students who perform services for...more

When Reclassifying Employees from Exempt to Non-Exempt, Don’t Forget the Wage Theft Prevention Act Notices

Employers in New York are familiar with the requirement, imposed by the Wage Theft Prevention Act, that every new hire must be provided with notice of their rate of pay (including overtime rate of pay if applicable), how the...more

Office of Civil Rights Releases “Dear Colleague” Letter on Transgender Students

On May 13, 2016, the U.S. Department of Education’s Office of Civil Rights (OCR) released a Dear Colleague Letter (DCL) addressing a school’s Title IX obligations regarding transgender students, and explaining how the U.S....more

Human Resource Professionals Beware — Second Circuit Finds HR Director May Be Individually Liable Under the FMLA

On March 17, 2016, the United States Court of Appeals for the Second Circuit issued a decision in Graziadio v. Culinary Institute of America. In that decision, the Court held that the facts (when viewed in the light most...more

EEOC Files First Lawsuits Alleging Sexual Orientation Discrimination Under Title VII

As we have reported in earlier posts, the U.S. Equal Employment Opportunity Commission (“EEOC”) has previously taken the position that discrimination on the basis of “sexual orientation” is prohibited under Title VII of the...more

NLRB Holds That Discharge of Employees for Facebook Conversation Was Unlawful

On August 22, 2014, the National Labor Relations Board (“NLRB”) issued companion decisions in Three D, LLC d/b/a Triple Play Sports Bar and Grille, holding that the employer violated the National Labor Relations Act (“NLRA”)...more

New York Amends Human Rights Law to Protect Unpaid Interns

On July 22, 2014, Governor Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c entitled, “Unlawful discriminatory practices relating to interns.” The amendment prohibits employers from...more

Court of Appeals Issues Decision Regarding Vesting of School District Retiree Health Insurance Benefits

On December 12, 2013, the New York Court of Appeals issued a decision in Kolbe v. Tibbetts, in which the Court addressed whether the Newfane Central School District could unilaterally alter the health insurance benefits of...more

Labor and Employment: EEOC Settles GINA Discrimination Lawsuit with New York Employer

On January 13, 2014, the Equal Employment Opportunity Commission (EEOC) announced it had reached a settlement with Founders Pavilion, Inc. (Founders), a former nursing and rehabilitation center located in Corning, New York....more

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