Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more
8/12/2024
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Sexual Harassment ,
Social Media ,
Social Media Policy ,
Social Networks ,
Title VII
A U.S. Supreme Court with a conservative majority is still capable of surprising us. In Muldrow v. St. Louis, the Court lightened the burden on employment discrimination plaintiffs by lowering the legal ‘bar’ for an employee...more
The Legal Landscape -
As we reviewed in earlier posts, the Supreme Court’s June 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA) promised to be a game changer not just...more
In a move that may have gone under the radar given recent world events, Governor Hochul recently signed S.B. 5572, legislation amending Article 6 of the New York Labor Law (NYLL), limiting the exemption status and expanding...more
On June 29, 2023, amid a flurry of other newsworthy opinions, the Supreme Court issued a unanimous ruling in Groff v. DeJoy, modifying the legal standard which courts now must use to determine when an employer has to grant a...more
7/13/2023
/ 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
For New York employers, the standards for sexual harassment may be shifting. The state requires all employers to adopt its model sex harassment policy or craft one that equals or exceeds minimum standards. Recently, the New...more
For New York employers, the standards for sexual harassment may be shifting. The state requires all employers to adopt its model sex harassment policy or craft one that equals or exceeds minimum standards. Recently, the New...more
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
4/3/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Pay Transparency ,
Restrictive Covenants ,
Wage and Hour
In a notable victory for the #MeToo movement, President Biden recently signed the “Speak Out Act” into law. It became effective December 7, 2022.
This bipartisan legislation targets and effectively prohibits the use of...more
The Great Resignation of 2021 and 2022 has spawned what we are calling “The Great Rehire.” To sort through the deluge of new applicants, many employers have become more reliant on technology such as artificial intelligence...more
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
President Biden just signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” known informally as the “Me Too” law. It becomes effective immediately, and amends the Federal...more
The start of a new year is the time for annual retrospectives, predictions, and promises to get back into the gym. Although we can’t help with that last one, we wanted to take this opportunity to offer our own analysis on the...more
Generally speaking, most healthcare employers would not think that their employed physicians are at risk for unionization. As opposed to interns and residents, who have experienced their own unionization push in the past...more
UPDATE: December 17, 2021 -
In a move that comes as no surprise, the EEOC has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a “disability” under the ADA, making specific...more
Employers implementing mandatory COVID-19 vaccination programs are no doubt starting to feel the pressure resulting from an influx of religious and disability accommodation requests. In all the internal commotion (and...more
The COVID-19 pandemic has laid bare the serious threat posed by unchecked airborne infectious diseases, and has prompted New York to pass the Health and Essential Rights Act (aka the “HERO Act”), which serves to establish...more
Employers have been waiting for some definitive guidance from the EEOC on the issue of vaccines in the workplace – and here it is! On May 28, the EEOC updated its Technical Assistance Guidance and has now stated with...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Paid sick and family leave is expanding. The ongoing COVID-19 pandemic, and the special pressures it has placed on parents and families, has renewed the push for mandated paid sick and family leave. Congress’ decision not to...more
On Friday March 12, 2021, Governor Cuomo signed into law legislation which requires that beginning March 12, 2021, all New York employers must provide up to four hours of paid leave per COVID-19 vaccine injection. Below are...more
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
Lawsuits and Laws In Vogue: What To Keep an Eye On in 2021 -
Emerging vaccines bring hope during the ongoing pandemic, but there’s little relief in sight for the upward trend in COVID-19-related lawsuits. Adding to that,...more
1/14/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Human Resources Professionals ,
Infectious Diseases ,
Labor Regulations ,
Occupational Exposure ,
Pay Equity Laws ,
Remote Working ,
Retaliation ,
Webinars ,
Whistleblowers ,
Workplace Illness and Injury Reporting ,
Workplace Safety
President-elect Joseph R. Biden Jr. and Vice President-elect Kamala Harris will be sworn in on January 20, 2021, signaling the official change in administration. Employers can certainly expect to see a shift in the direction...more
On the heels of the FDA’s approval of the Pfizer and Moderna COVID-19 vaccines, the EEOC updated its Technical Assistance Q & A to help employers navigate the latest pandemic related challenges. ...more
12/24/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
As employers are well aware by now, New York enacted statewide paid sick leave requirements for employers, which took effect on September 30, 2020. We provided an overview of requirements for the new law here. Under the law,...more