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Non-compete agreement

Are Non-compete Agreements Enforceable During the COVID-19 Pandemic?

While the long-term impact of the COVID-19 pandemic on the employment landscape remains to be seen, a key concern for employers at this juncture is the enforceability of previously agreed upon non-compete agreements. In short, employees who have been rehired or recalled may no longer be bound by post-employment restrictive covenants signed before a layoff.  […]

Opioid drug prescription bottles.

EEOC Issues New Guidance on Opioid Use by Employees

The Equal Employment Opportunity Commission (EEOC) recently issued two guidance documents regarding employee opioid use and reasonable accommodations under the Americans with Disabilities Act (ADA). The first document is directed at employees and the other provides information for healthcare providers.  The new guidance is in response to the escalating use/abuse of prescription drugs in the […]

Golf caddy on clubhouse golf course.

Golf Caddies: Independent Contractors or Employees?

A common problem at golf clubs throughout New York and New Jersey is the misclassification of caddies and other golf club employees. Caddies are frequently classified as independent contractors and not paid overtime when they are legally entitled to it. But many are actually employees, according to the criteria established by the Internal Revenue Service […]

Man and woman looking over graphs in their office.

Should Employers Consider COVID-19 Liability Waivers?

As businesses throughout New York begin to reopen, many employers are concerned about their potential liability relating to potential COVID-19 infections in the workplace. For this reason, some employers are considering whether to require employees to sign COVID-19 liability waivers before returning to the workplace.  While observers believe such waivers will not withstand scrutiny by […]

Employer firing african american employee.

When Are False Accusations of Racism Defamation?

The ongoing protests against racism across the nation in the wake of George Floyd’s death have also sparked concerns about false accusations of racism, and whether such accusations are considered defamation. If your professional reputation has been harmed by false accusations, it takes a skilled employment lawyer to protect you from defamation. What is defamation? […]

Workers complying with COVID-19 guidelines.

EEOC Updates COVID-19 Return to Work Guidance

In June, the Equal Employment Opportunity Commission (EEOC) updated its March 18, 2020 guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO laws. The updated guidance addressed a number of employment-related concerns as businesses reopen, including age discrimination, disability accommodations and workplace harassment.  Older Employees Returning to the […]

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 […]

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 […]

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 […]

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 […]

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