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New York Amendments To HERO Act Give Labor Department, Employers More Time To Comply

Amendments to New York’s Health and Essential Rights Act (HERO Act) give the state Department of Labor more time, until July 5, 2021, to create industry-specific model safety standards and to clarify when employers must...more

New York Updates COVID-19 Guidance Including Daily Health Screening Requirements

On June 8, 2021, New York State updated the NY Forward Guidance for several industries, including office-based and food services employers, with changes that many people feel are overdue...more

New York State Employees Entitled To Paid Time Off For COVID-19 Vaccinations

Effective immediately, New York State employers must provide employees with up to four hours of paid time off per COVID-19 vaccination. The new law sunsets on December 31, 2022...more

New York State, Modified New York City Sick And Safe Leave Obligations Fully Effective January 1

The New York State Paid Sick Leave Law and the amendments to the New York City Paid Safe and Sick Leave Law expanding employees’ paid sick leave entitlements will go into full effect on January 1, 2021. The state law went...more

Unions Must Publicly Report More Financial Information

Pursuant to a controversial new rule passed by the U.S. Department of Labor (DOL), “Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested,” unions must disclose how certain...more

Labor Board: Is Union’s Inclusion Of Weingarten Rights Statement In Collective Bargaining Agreement Coercive?

The National Labor Relations Board (NLRB) has remanded a 2013 decision to an administrative law judge to determine whether the Board’s landmark 2017 decision on work rules and policies affects its 2013 determination that a...more

Seventh Circuit Affirms Summary Judgment For Employer That Terminated Disabled Employee For Misconduct

The Seventh Circuit Court of Appeals recently upheld dismissal of failure to accommodate and disability discrimination claims where, for several years, the employer provided accommodations relating to plaintiff’s mental...more

Seventh Circuit Affirms Grocery Store Employee’s Same-Sex Harassment Title VII Victory

A male employee working in the meat department of his local grocery store prevailed in his Title VII sex discrimination claim alleging an unlawful hostile environment harassment created by his male coworkers and male...more

Fifth Circuit Finds Employer’s Peer Review Process Does Not Constitute An Adverse Employment Action

The Fifth Circuit recently affirmed the granting of summary judgment to an employer dismissing a Title VII race discrimination claim. In Stroy v. Gibson, an African American primary care physician employed by the Department...more

Employee’s Improper Access To Secured Area Outweighs Right To Engage In Concerted Activity, NLRB Finds

The National Labor Relations Board has held that an employee lost the protection of the National Labor Relations Act when he improperly accessed a secure area of the employer’s hotel, even though he did so in order to engage...more

Employer’s Ultimatum Supports Employee’s ADA Failure To Accommodate Claim

The United States District Court for the Southern District of Alabama in McClain v. Tenax Corp. recently denied in part an employer’s motion for summary judgment on a disabled employee’s failure to accommodate claim under the...more

Beyond The Weinstein Effect: It’s More Than Just Training

In light of the many high-profile news stories involving sexual harassment, employers are cognizant of the need to update policies, improve investigation procedures, and conduct training. However, there is more going on than...more

Failure to Accommodate Religious Belief Claim to Move Forward

Religious discrimination claims by a delivery driver for a catering company who was terminated the day after being sent home for wearing a religious head covering survived summary judgment due to the temporal proximity...more

Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital

In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee...more

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