New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin)....more
On March 12, 2018, the New York State Senate passed a bill aimed at strengthening and reforming the state sexual harassment laws. The legislation comes on the heels of the #MeToo movement and mirrors much of what Governor...more
3/20/2018
/ Anti-Harassment Policies ,
Arbitration Agreements ,
Confidentiality Agreements ,
Employee Training ,
Governor Cuomo ,
Non-Employees ,
Pending Legislation ,
Public Employers ,
Settlement Agreements ,
Sexual Harassment ,
State Contractors ,
State Labor Laws
New York City employers will soon be required to expand existing protections against sexual orientation and gender discrimination due to an amendment to the definitions of these terms under the New York City Human Rights Law...more
The New York City legislature just enacted an amendment to the New York City Human Rights Law (NYCHRL) which codifies an employer’s obligation to engage in a cooperative dialogue with any employee who may be entitled to a...more
Following national attention on the #metoo movement, New York Governor Andrew Cuomo announced plans as part of his State of the State address earlier this month to strengthen New York’s laws on sexual harassment in the...more
1/29/2018
/ Annual Reports ,
Anti-Harassment Policies ,
Confidentiality Agreements ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Contract ,
Governor Cuomo ,
Independent Contractors ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Proposed Legislation ,
Public Officials ,
Sexual Assault ,
Sexual Harassment ,
Small Business ,
State and Local Government ,
Whistleblower Protection Policies
One of the key provisions of New York City’s Fair Workweek Law was just put on hold while a federal judge sorts out a constitutional challenge brought by two restaurant advocacy organizations. The “Deductions Law” portion of...more
1/26/2018
/ Constitutional Challenges ,
Donations ,
Employees ,
Fair Workweek ,
Fast-Food Industry ,
First Amendment ,
Hospitality Industry ,
LMRA ,
NLRA ,
Nonprofits ,
Pending Legislation ,
Restaurant Industry ,
State Labor Laws ,
Wage and Hour ,
Wage Deductions
The New York City Council passed a bill allowing employees to make temporary schedule changes to attend to a “personal event.” The bill is an amendment to the recently enacted Fair Workweek Law....more
A federal district court in Brooklyn recently held that an employer does not owe a duty to protect patrons from assault unless the attack was “reasonably foreseeable,” specifying that businesses would only be put on such...more
1/11/2018
/ Assault ,
Battery ,
Corporate Counsel ,
Duty to Protect ,
Employer Liability Issues ,
Foreseeability ,
Negligent Hiring ,
Negligent Supervision ,
Retailers ,
Risk Mitigation ,
Workplace Safety ,
Workplace Violence
The state’s highest court might have just made life more difficult for employers facing liability under New York City’s anti-bias law. Clarifying a question left open by New York City’s Human Rights Law (NYCHRL), the New York...more
12/27/2017
/ Anti-Discrimination Policies ,
Appeals ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Former Employer ,
NYCHRL ,
Pregnancy Discrimination ,
Punitive Damages ,
Sex Discrimination ,
Title VII
Employers in New York City will soon be required to provide protected time off to employees who are the victims of domestic violence, sexual assault, stalking, or human trafficking due to amendments to New York City’s Earned...more
12/19/2017
/ Domestic Violence ,
Earned Sick Time ,
Employment Policies ,
Human Trafficking ,
Local Ordinance ,
New Amendments ,
Notice Requirements ,
Paid Leave ,
Sexual Assault ,
Sick Leave ,
Stalking ,
Wage and Hour
In a solid win for New York City employers, the New York Court of Appeals held that a worker cannot bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism. Through...more
Can a worker bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism? We’ll soon find out, as the U.S. Court of Appeals for the 2nd Circuit has certified the...more
On May 4, 2017, New York City joined the Commonwealth of Massachusetts and the City of Philadelphia when the Mayor signed legislation that bans employers from inquiring about the salary history of job applicants. These laws,...more