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Woman trying to work but facing gender discrimination.

NY Appellate Court Reinstates 2009 Sex Bias Claim; NYCHRL only Requires Unfavorable Change in Job Terms to Show Discrimination

In May 2019, the Appellate Division, Second Department reversed the 2016 Supreme Court ruling in Golston-Green v. City of New York. The Supreme Court dismissed the 2009 employment discrimination lawsuit against the New York City Police Department (NYPD) alleging gender discrimination in violation of the New York State and City Human Rights Laws.  In its […]

  • Posted on: Jun 24 2020
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Woman on her laptop on Facebook.

Facebook Settles PTSD Content Moderator Claims for $52 million

Facebook has agreed to pay $52 million to thousands of content moderators who suffered psychological harm after reviewing posts depicting acts of suicide, murder, child abuse and other disturbing content.  The case may prompt content moderators who have suffered similar harm at other social media companies (e.g. YouTube, Twitter) to file lawsuits. Given the complex […]

  • Posted on: Jun 18 2020
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LGBTQ Pride flag

Supreme Court Rules Title VII Protects LGBTQ Workers

In a landmark ruling, the U.S. Supreme Court held that Title VII of the Civil Rights Act prohibits discrimination based on sexual orientation and gender identity.  While LGBTQ workers in New York have long had protections against discrimination under local and state law, the high court has now extended federal protections to millions of workers […]

  • Posted on: Jun 15 2020
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A non-compete agreement.

New York Courts Continue to Limit Employee Noncompetes

New York courts often refuse to enforce noncompete agreements. Most recently, in Flatiron Health v. Carson, the U.S. District Court for the Southern District of New York ruled that an employer’s restrictions on a former employee were unenforceable. Despite the fact that courts continue to limit employee noncompetes, it takes a skilled employment lawyer to […]

  • Posted on: Jun 11 2020
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Employees looking over litigation issue.

The Risk of Employment Litigation in the Wake of the COVID-19 Pandemic

The COVID-19 pandemic has triggered a tectonic shift in the employment landscape that may result in a wave of litigation alleging employers violated existing labor laws and the recently enacted coronavirus leave law. If you believe your employment rights have been violated, you should consult with an experienced employment lawyer. The New Normal While employees […]

  • Posted on: May 27 2020
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People in the office social distancing due to COVID-19

Clearing Pandemic Hurdles as Employers Reopen

As states begin allowing businesses to reopen, employers will face significant challenges on a number of fronts, including complying with wage-and-hour laws and administering COVID-19 tests to workers. The best way to navigate these challenging times is with the advice and guidance of an experienced employment lawyer. Businesses Ramping Up Operations While several states have […]

  • Posted on: May 20 2020
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Plastic container and pen for pre-employment marijuana screening.

New York City Pre-Employment Pot Test Ban Now in Effect

In April 2019, the New York City Council passed a law barring most employers from conducting marijuana tests on job candidates. The law went into effect on May 10, 2020. If you have been turned down for a job after taking a marijuana test, it takes a skilled employment lawyer to protect your rights. Marijuana […]

  • Posted on: May 13 2020
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Paycheck Protection Program (COVID-19) pamphlet.

Businesses Taking PPP Loans Face Potential Liabilities

The Coronavirus Aid, Relief and Economic Security Act (the CARES Act), signed into law by President Trump on March 27, 2020, established the Paycheck Protection Program (PPP) to provide financial relief to businesses impacted by the COVID-19 crisis.  PPP loans are intended to be used primarily for payroll costs; however, given the complex and evolving […]

  • Posted on: May 6 2020
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Man at a COVID-19 testing site

EEOC Says Employers May Test Employees for COVID-19

On April 23, the Equal Employment Opportunity Commission (EEOC) updated its guidance on the Americans with Disabilities Act (ADA) and coronavirus. The EEOC previously announced that employers who are covered by the ADA could check their employees’ temperature to determine whether they have a fever. Now, the agency has clarified that employers may also screen […]

  • Posted on: Apr 30 2020
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Business team telecommuting in a video conference.

The Impact of Telecommuting During the COVID-19 Pandemic on ADA Accommodation Cases

Although the Americans with Disabilities (ADA) requires employers to make reasonable accommodations for disabled employees so that they can perform their job duties, the courts have generally been reluctant to consider allowing employees to work from home an accommodation under the ADA.  Now, the embrace of teleworking for office workers by businesses in response to […]

  • Posted on: Apr 23 2020
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