The Supreme Court’s unanimous decision in Groff v. DeJoy has curtailed an employer’s ability to demonstrate an “undue hardship” when assessing an employee’s request for a religious accommodation under Title VII of the Civil...more
7/7/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
Although coined in the late 1990s, the term “neurodivergent” has only recently risen to mainstream recognition, with some studies now claiming that up to one in five employees identify as neurodivergent. As employers begin to...more
Unless you have had all media of every kind shut off the past few days, you have seen that on June 24 the U.S. Supreme Court held in a 5-4 opinion that Roe v. Wade - a nearly 50-year-old Supreme Court opinion providing the...more
In the continuing saga of whether the Occupational Safety and Health Administration’s (OSHA) “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (ETS) is legal, the U.S. Supreme Court is set to weigh in on an...more
12/24/2021
/ Biden Administration ,
Certiorari ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Oral Argument ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Our OSHA Vaccine Mandate Team deciphers the entirety of the new Emergency Temporary Standard and provides real-time guidance on how to comply....more
Join us as we discuss the Occupational Safety and Health Administration (OSHA)'s newly released Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure their workers are fully vaccinated or...more
11/5/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exemptions ,
OSHA ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Reporting Requirements ,
Vaccinations ,
Virus Testing ,
Webinars ,
Workplace Safety
BakerHostetler’s Labor and Employment Group Chair Amy Traub discusses considerations around vaccine administration for employers from the perspectives of employment law, employee safety and health, and labor-management...more
12/28/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Labor Relations ,
OSHA ,
Vaccinations ,
Workers' Compensation Claim ,
Workplace Safety
Welcome to the winter edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
12/20/2019
/ Employee Definition ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Marijuana ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
Non-Exempt Employees ,
Over-Time ,
Parental Leave ,
Reproductive Discrimination ,
Section 7 ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On Oct. 13, 2019, New York City enacted Int. 136-A (the Law), expanding the employment protections of the New York City Human Rights Law (NYCHRL) to freelancers and independent contractors. The Law will take effect on Jan....more
By September 30, 2019, employers with 100 or more employees are required to submit certain pay data for 2017 and 2018 (called the Component 2 EEO-1 survey) to the Equal Employment Opportunity Commission. Employers required to...more
As discussed in our New York Quarterly Newsletters, employers in New York City who have 15 or more employees (inclusive of independent contractors) are required to provide anti-sexual harassment training on or before December...more
Welcome to the Spring edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
4/1/2019
/ Arbitration ,
Breastfeeding ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Expression ,
Lactation Accommodation ,
Minimum Wage ,
On-Call Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
Welcome to the second edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
10/4/2018
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
LGBTQ ,
Medical Leave ,
Misclassification ,
No-Poaching ,
Non-Compete Agreements ,
Paid Leave ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Tipped Employees ,
Title VII ,
Wage and Hour ,
Website Accessibility ,
Work Schedules
UPDATE – On Oct. 1, 2018, the state of New York released final guidance on the anti-sexual harassment measures that were passed in the 2018-2019 New York state budget. Perhaps the most important (and welcomed) change in the...more
Earlier this year, Gov. Cuomo signed into law the 2018-2019 New York State Budget, which included new requirements for both private and government employers intended to combat sexual harassment in the workplace....more
Welcome to the first edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some of the key employment trends that affected New York employers in 2017, and our...more
7/20/2018
/ #MeToo ,
Anti-Harassment Policies ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Policies ,
Fast-Food Industry ,
NLRB ,
Non-Disclosure Agreement ,
Paid Family Leave Law ,
Paid Leave ,
Popular ,
Retailers ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Title VII ,
Wage and Hour ,
Work Schedules
Most New York City employers are probably familiar with the Fair Workweek Law that went into effect Jan. 1, 2018, but surely not all New York City employers are. That is likely because until now, that law applied only to...more
Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard...more
As we reported previously to New York recently joined several other states that offer paid family leave benefits for employees. Effective Jan. 1, 2018, the New York Paid Family Leave Law (PFLL) will provide eligible employees...more
Given the exponential uptick in wage and hour lawsuits during the Obama administration and the United States Department of Labor’s (DOL’s) continuing aggressive enforcement of wage and hour laws, many employers have felt the...more
On Wednesday, April 12, 2017, the New York City Council passed a law amending the New York City Human Rights Law (NYCHRL) to add a protective class – salary history. The NYCHRL applies to all employers with four or more...more
The Equal Employment Opportunity Commission (EEOC) recently issued its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” It was no minor undertaking. According to the EEOC’s Questions and Answers about...more
With the start of the New Year, many employers are gearing up for their internship programs, which often coincide with academic semesters and summer recesses beginning in May. Such programs, though, have become a source of...more
The New York State Department of Labor (“NYSDOL”) issued final regulations last week governing how employers may make certain types of deductions from employee wages authorized under the New York Labor Law. For years, there...more
As we have noted in a number of prior posts background checks can be a helpful tool for management, especially during the hiring process, but they can also be a ripe source for potential liability on a number of fronts....more