With virtual terminations on the rise, what steps should employers take to ensure they are prepared and compliant if an employee secretly records their termination?
Epstein Becker Green attorneys Marc A. Mandelman and Lauri...more
The Israel-Hamas war. Antisemitism and Islamophobia. Ukraine vs. Russia. Black Lives Matter. #MeToo. Mass Shootings and “Well Regulated” vs. “Shall Not Be Infringed.” Vaccination and Mask Mandates. Politicians and Presidents....more
On June 29, 2023, the Supreme Court of the United States issued three opinions. Of them, Groff v. DeJoy (“Groff”),in which the Court unanimously revised the standard for determining whether accommodating an employee’s...more
7/3/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On March 14, 2022, the EEOC issued a technical assistance document, The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws, which provides guidance as to ways equal employment...more
In the United States, the federal government has faced challenges in imposing vaccination mandates for large private employers, federal contractors, and certain health care employees. Because of that, choices around...more
2/8/2022
/ Complaint Procedures ,
Coronavirus/COVID-19 ,
Covered Entities ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Exemptions ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Vaccinations ,
Workplace Safety
This week, we’re recapping some of the biggest changes that impacted employers in 2021. We also look ahead to what’s in store in the new year.
A Shift in Labor Policy and Enforcement
The Biden administration is ushering in...more
12/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employee Mobility ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Healthcare Workers ,
Hiring & Firing ,
Labor Regulations ,
Masks ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Reasonable Accommodation ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
On December 15, 2021, New York City followed up on the recently announced vaccine mandate for private employers by releasing further details, including several guidance documents and mandatory signage. The New York City...more
Welcome to #WorkforceWednesday. This week, we look at new Equal Employment Opportunity Commission (EEOC) COVID-19 vaccine guidance as well as vaccination protocols for multinational workforces.
Employers Adjust to New EEOC...more
6/9/2021
/ Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Masks ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the release of updated guidance regarding the COVID-19 vaccine, providing welcome clarity around a number of vaccine-related issues for...more
Employers are struggling to find a new normal in light of the ongoing pandemic. They are grappling with reopening businesses, implementing reductions in force and furloughs, and filling new employment needs through hiring and...more
On June 17, 2020, the Equal Employment Opportunity Commission (the “EEOC” or “the Commission”) again updated its COVID-19-related technical assistance for employers (“Guidance”). ...more
6/23/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
With regulators and lawmakers struggling to address the new wave of issues arising from employers reopening and bringing employees back to their workplaces, the U.S. Equal Employment Opportunity Commission (“EEOC” or...more
On May 5, 2020, and again on May 7, the Equal Employment Opportunity Commission (the “EEOC”) updated its technical assistance for employers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other...more
On the heels of adding Return to Work guidance to its technical assistance for employers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Law” ...more
On April 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) once again updated its technical assistance for employers, titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more
On April 9, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued its latest guidance (“Guidance”) for employers on how to ensure compliance with their obligations under federal antidiscrimination laws during the...more
As certain long-standing issues of interest to financial services employers seem to be receiving a degree of reactive attention, other cutting-edge issues continue to force such employers to revisit and update policies to...more
11/25/2019
/ Arbitration Agreements ,
Attorney-Client Privilege ,
Drug Testing ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Internal Investigations ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
State Labor Laws
On August 12, 2019, Governor Andrew Cuomo signed Assembly Bill A8421 / Senate Bill 6577 (“Law”), which, as we previously reported, contains sweeping changes to New York State’s Human Rights Law (“HRL”). Below is an updated...more
8/15/2019
/ Anti-Harassment Policies ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
NYHRL ,
Sexual Harassment ,
State Labor Laws
In response to mounting attention to the #MeToo movement, on June 19, 2019, the New York State Legislature passed Assembly Bill A8421 / Senate Bill 6577 (“Bill”), a measure that is even more far-reaching and, thus,...more
On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more
4/17/2019
/ Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Mayor de Blasio ,
OSHA
Five Issues in Focus for Financial Services -
For this edition of the Take 5 for financial services, we focus on a number of very well-publicized issues. The tidal wave of sexual harassment allegations that followed the...more
11/29/2017
/ Employer Liability Issues ,
Executive Compensation ,
Financial Services Industry ,
Hiring & Firing ,
Human Resources Professionals ,
Pay Gap ,
Pay Ratio ,
Political Speech ,
Risk Management ,
Salary/Wage History ,
Sexual Harassment ,
Trade Secrets
Employers in the financial services industry should diligently monitor upcoming changes under the Trump administration. Although it is unlikely that that President Donald J. Trump will “dismantle” the Dodd-Frank Wall Street...more
2/28/2017
/ Confidentiality Agreements ,
Dodd-Frank ,
Employer Liability Issues ,
Equal Pay ,
Executive Compensation ,
Executive Orders ,
Financial Services Industry ,
Immigration Reform ,
Popular ,
Trump Administration ,
Whistleblower Protection Policies
Employers in the financial services industry are faced with an escalating number of employment law compliance challenges, but the news is not all bad. For example, although pleading standards for Sarbanes-Oxley Act (“SOX”)...more
3/1/2016
/ Corporate Counsel ,
Cybersecurity ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Compensation ,
Financial Services Industry ,
OFCCP ,
Popular ,
Sarbanes-Oxley ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Wage and Hour ,
Whistleblowers
On June 9, 2015, six federal agencies (“Agencies”) subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Act”) issued much-anticipated joint final standards (“Final Standards”) in accordance with...more
7/24/2015
/ Banking Sector ,
Board of Directors ,
Commodity Exchange Act (CEA) ,
Consumer Financial Protection Bureau (CFPB) ,
Covered Entities ,
Diversity ,
Dodd-Frank ,
EEO-1 ,
Employer Liability Issues ,
FDIC ,
Federal Contractors ,
Federal Reserve ,
Final Rules ,
Financial Institutions ,
Joint Policy Statements ,
Jurisdiction ,
NCUA ,
OCC ,
OMWI ,
Public Policy ,
Securities and Exchange Commission (SEC) ,
Small Business ,
U.S. Treasury