Remote Working, Administrative Law Judge (ALJ)

Employer to Nonresident Employee: “You Cannot Work in New York”; New York to Employee: “We Will Tax You Anyway”

Rivkin Radler LLP on 1/22/2025

You are probably aware that many employers are discarding the fully flexible, remote work policies that were forced upon them – as “nonessential” businesses – during the COVID-19 pandemic[i] and which they retained as an...more

New York Tax Continues to Inconvenience Nonresidents Working Remotely

Rivkin Radler LLP on 9/26/2024

Last Friday, New York’s Governor Hochul delivered the following remarks at the annual meeting of the Business Council of New York State:“Someone asked me today, are we going to raise income taxes? I said, ‘I’m not raising...more

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Statutory Residence in New York: Time to Rethink the “Permanent Place of Abode” Test?

Rivkin Radler LLP on 7/6/2022

Escape from New York- According to data released by the IRS earlier this year, the pandemic triggered a “wealth migration” that saw high-tax states like New York lose high-income earners to low-tax jurisdictions such as...more

Class Action Trends Report Fall 2020

Jackson Lewis P.C. on 11/3/2020

As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the...more

Angry Reacts Only: Legal Limits On Social Media Policies

Vinson & Elkins LLP on 9/18/2020

As the presidential election draws closer and while remote work arrangements continue, employers may find that they have more opportunities to apply their social media policies in response to emotionally charged posts by...more