Summer is coming to an end, and you know what that means: school is back in session. We’ve previously provided general guidance on the challenges facing students, parents and employers this fall as students return to school...more
The EEOC again updated its Technical Assistance Questions and Answers (Q&A), which we have been following closely, and previously covered on June 11, 2020.
In its most recent update, the EEOC addressed specific questions...more
On August 3, 2020, New York federal Judge Paul Oetken, vacated several significant provisions of the U.S. Department of Labor’s April 1, 2020 Final Rule, which construes the Families First Coronavirus Response Act (“FFCRA” or...more
As the number of COVID-19 infections in certain states continues to rise, so does the number of states added to the tristate area travel advisory. Ten additional states were added to the existing list, including the...more
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
On Tuesday July 21, 2020, Kelley Drye’s Labor and Employment Practice hosted a webinar focused on best practices for navigating challenges of the “not so normal” workplace of 2020. A workplace where employers are challenged...more
As the number of COVID-19 infections in certain states continues to rise, so does the number of states added to the tristate area travel advisory. Ten additional states were added to the existing list, including the...more
As New York employers struggle to reopen their workplaces, implement new workplace COVID-19 policies, manage remote workers, and deal with employees who are quarantined, afraid of contracting COVID-19, afraid of the subway,...more
Here’s the scenario – Your Ambulatory Clinic just reopened in May, and since then one of the RN’s, let’s call her Rita, has been late multiple times, and is often on her phone when she should be working. When she was called...more
As the number of COVID-19 infections in certain states continues to rise, so does the number of states added to the tristate area travel advisory. Eight additional states were added to the existing list, including the...more
In a press conference earlier today, the Governors of New York, New Jersey and Connecticut announced that travelers to the tristate area from states with spikes in COVID-19 infection rates would be required to quarantine for...more
In a long awaited landmark ruling by Justice M. Gorsuch, the Supreme Court ruled that Title VII protects gay and transgender workers. The Opinion provides...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Yesterday the EEOC updated its Technical Assistance Questions and Answers (Q&A), “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”...more
The Centers for Disease Control (“CDC”) has issued new guidance which will dictate how employers can resume business and safely start the “return to work” process. The overall focus of the guidance, which purports to “change...more
Employers, as you plan for a safe return to work, there are several critical protocols and practices to consider. Below you will find a Return to Work (RTW) Checklist, created by the Kelley Drye Labor and Employment team to...more
As businesses all over the country prepare to open up and welcome employees back to work – even while the pandemic rages on – there remains a high degree of uncertainty concerning how to keep employees safe, especially those...more
It is a virtual certainty that lawsuits from employees will increase, and likely with emphasis on whistleblower and retaliation claims as states reopen and more employees return to work. Employers need to think ahead and be...more
With the reopening of state economies and return-to-work on the horizon, on April 23, 2020, the EEOC issued new guidance on workplace testing for COVID-19.
The EEOC’s guidance confirms that “employers may choose to...more
Last week, the US Supreme Court made it easier for a federal worker to establish a claim for age bias.
This decision does not impact private employers, because it relied on the specific language of the federal sector...more
4/15/2020
/ ADEA ,
Age Discrimination ,
Babb v Wilkie ,
Burden of Proof ,
But For Causation ,
Employer Liability Issues ,
Federal Employees ,
Hiring & Firing ,
McDonnell Douglas Formula ,
Remedies ,
Reversal ,
SCOTUS ,
Standard of Care ,
Summary Judgment
Amidst the COVID-19 melee, the New York legislature passed its Budget for Fiscal Year 2021, which included a mandatory paid sick leave bill, signed by Governor Cuomo on April 3, 2020....more
The U.S. Department of Labor has just issued over one hundred pages of detailed temporary regulations, effective from April 1, 2020 to December 31, 2020, implementing the Families First Coronavirus Response Act (“FFCRA”). The...more
The U.S. Department of Labor (“DOL”) has issued the first round of guidance regarding the recently enacted Families First Coronavirus Response Act (“FFCRA”)....more
On March 26, 2020, the Department of Labor (“DOL”) published the Poster covered employers must post to satisfy the Families First Coronavirus Response Act (FFCRA) notice requirement....more
Not to be upstaged by the President, and just as the Senate was voting on the Families First Coronavirus Response Act of 2020 (“FFRCA”), New York State Governor Andrew Cuomo signed into law paid sick leave legislation to...more
On the evening of Monday, March 16, the House amended the Families First Coronavirus Response Act (“FFCRA”) (HR 6201) by amending the bill with what are being called “technical corrections.”...more