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NLRB Ruling Makes it More Difficult for Employers to Take Action Against Employees for Abusive Conduct

On May 1, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision that makes it more difficult for employers to discipline or discharge employees for their offensive or abusive conduct while engaged...more

The NLRB Ends 2022 with Significant Decisions

Two recent late-year decisions from the National Labor Relations Board (“NLRB”) have the potential to significantly impact private sector employers across all industries. 1. The NLRB Expanded its Authority to Order...more

New York State Launches Hotline For Complaints of Workplace Sexual Harassment

In March of 2022, New York Governor Kathy Hochul signed legislation directing the New York State Division of Human Rights (“DHR”) to establish a toll-free confidential hotline designed to provide counsel and assistance to...more

New York State Issues Guidance for Measuring Flowering Plant Canopy by Adult-Use Cannabis Cultivators

The Office of Cannabis Management in New York state has provided further guidance on how adult-use conditional cultivators (AUCCs) must measure and report the square footage of their flowering canopy to remain compliant with...more

NLRB General Counsel Aims to Drastically Change Employers’ Rights Related to "Captive Audience" and Other Mandatory Meetings About...

For nearly 75 years, employers have held the right to gather employees at work for mandatory meetings to discuss, in a non-coercive manner, the employer’s views concerning unionization. On April 7, 2022, however, National...more

Update on the NYS HERO Act: COVID-19 Designation Ends

The New York State Commissioner of Health’s designation of COVID-19 under the Health & Essential Rights Act (“HERO Act”) as an “airborne infectious disease that presents a serious risk of harm to the public health” ended on...more

OSHA Announces the Withdrawal of its COVID-19 Vaccine-or-Test Mandate as an Emergency Temporary Standard

The Occupational Safety and Health Administration (OSHA) announced today, Jan. 25, 2022, that it is withdrawing its November 5, 2021 Emergency Temporary Standard (ETS), which would have required many private employers with...more

NYS Mask Mandate Effective Dec. 13, 2021: What Businesses Need to Know

New York State Governor Kathy Hochul recently announced that beginning on December 13, 2021, face masks are required to be worn in all “indoor public places,” except those that require proof of vaccination as a condition of...more

NYSDOL Issues Guidance Regarding the Legalization of Cannabis and the Workplace

On October 8, 2021, the New York State Department of Labor (“NYSDOL”) issued “Frequently Asked Questions” (“FAQs”) to address common situations and questions relating to the legalization of adult-use cannabis and its effect...more

New York State Legalizes Recreational Use of Marijuana

On March 31, 2021, Governor Andrew Cuomo signed into law the New York State Marijuana Regulation and Taxation Act (“MRTA”), which legalized recreational use of marijuana for adults over the age of 21. Although retail sales of...more

High at Work? Key Considerations for NYS Employers Regarding Legal Adult-Use Marijuana [Audio]

Recreational, adult-use marijuana is poised to become legal in New York state. The changes that legalization brings for virtually every workplace include modifications and updates to employer policies and procedures regarding...more

NYS DOL Cancels Unemployment Insurance Charges Until Further Notice

On January 14, 2021, New York State Department of Labor (“DOL”) Commissioner Roberta Reardon signed an Order that temporarily cancels unemployment insurance (“UI”) charges to employers for the duration of the COVID-19...more

New York Law Requires Gender-Neutral Single-Occupancy Bathrooms in School Districts and BOCES

On December 23, 2020, Governor Cuomo signed Assembly Bill A5240A into law, requiring, in part, that school districts and Boards of Cooperative Educational Services (BOCES) in New York state designate all single-occupancy...more

The State of Cannabis in New York [Audio]

New York state seemed poised to legalize marijuana in 2020 – but those efforts, like so many others, were thwarted by COVID-19. However, we can expect this unfinished business to remain on the radar – with legalization seen...more

U.S. Department of Labor Issues Revised FFCRA Regulations

On Friday, the U.S. Department of Labor (“DOL”) issued much-anticipated revisions and clarifications to its Families First Coronavirus Response Act (“FFCRA”) regulations, in response to a U.S. District Court for the Southern...more

New York District Court Vacates Portions of FFCRA Regulations

Soon after the U.S. Department of Labor (“DOL”) issued its Families First Coronavirus Response Act (“FFCRA”) regulations in early April 2020, the State of New York filed a lawsuit against the DOL, challenging several...more

U.S. DOL Releases New Optional-Use FMLA Forms; Requests Public Input on Existing FMLA Regulations

On July 16, 2020, the U.S. Department of Labor (“DOL”) released new, streamlined forms that employers may voluntarily use for the administration of leave under the Family and Medical Leave Act (“FMLA”). In connection with the...more

Supreme Court Rules that Title VII Protects Workers from Discrimination on the Basis of Sexual Orientation and Transgender Status

In a landmark decision, the U.S. Supreme Court ruled earlier today (June 15, 2020) that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects employees from workplace discrimination on the basis of sexual...more

New York State Issues Guidance for Third Phase of COVID-19 Reopening

*Information in this Alert is current as of 4 p.m., June 10, 2020. The alert may be updated as New York clarifies reopening details. New York State has published guidance for industries permitted to reopen in “Phase Three”...more

Final Title IX Regulations For Victims of Sexual Misconduct Effective August 14

The U.S. Department of Education has issued long awaited final regulations amending Title IX, the federal law that bans sexual discrimination at institutions that receive federal funds. The new regulations focus on Title IX...more

U.S. Department of Education Issues Final Title IX Regulations for Victims of Sexual Misconduct

On May 6, 2020, the United States Department of Education issued long-awaited Final Regulations (the “Regulations”) amending Title IX regulations. The Regulations focus on Title IX protections for victims of sexual misconduct...more

New Guidance for Health Care Employees Regarding New York’s COVID-19 Sick Leave

As explained in our earlier legal alert, New York State enacted legislation in March 2020 authorizing sick leave for all employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19...more

NLRB Scales Back "Quickie Election" Rules

On December 13, 2019, the National Labor Relations Board (“NLRB” or the “Board”) issued a proposed rule that will modify the procedures governing NLRB elections. The proposed rule will extend deadlines and add procedural...more

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