NYC Employment Law Blog

workplace during COVID-19

EEOC Updates COVID-19 Guidance

In September, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 and the workplace. The update provides answers to common questions about returning employees and federal equal employment opportunity laws. If you have concerns about your employment rights during what some are calling the “new normal,” talk to an employment lawyer.  COVID-19 […]


gavel

Key Parts of Joint Employer Rule Struck Down By Federal Judge

On September 8, a federal court judge struck down key portions of the Labor Department’s new joint employer rule after finding that the rule conflicts with the Fair Labor Standards Act (FLSA). Whether the Labor Department will appeal the court decision or revise its regulation to address the court’s concerns remains to be seen. In […]


video conference

Sexual Harassment in the Virtual Workplace During the COVID-19 Pandemic

The use of videoconferencing and other remote technologies has enabled businesses to adapt to their employees working from home during the COVID-19 pandemic. At the same time, the widespread use of these devices has opened the door to potential claims of sexual harassment arising from the virtual workplace. If you have been subjected to sexual […]


older man speaking with young employer

EEOC Finds Pattern of Age Discrimination at IBM

After a lengthy investigation, the U.S. Equal Employment Opportunity Commission (EEOC) has found that IBM engaged in systematic age discrimination by directing managers to replace older employees with younger workers. The EEOC finding, contained in a determination letter sent to a group of ex-employees who filed complaints, could open the door to federal and private […]


group of protestors

Can I Be Fired for Attending a Peaceful Protest in New York?

The ongoing protests in New York and across the nation following the Minneapolis police’s killing of George Floyd have left many participants concerned about being fired or retaliated against by their employers. In short, whether you can be fired for demonstrating depends on factors such as whether you are a public or private employee and […]


Employer and employee discussing

EEOC Considers Rule to Amend Conciliation Process

The Equal Employment Opportunity Commission (EEOC) is considering a rule to amend its conciliation process for resolving workplace discrimination claims. The contemplated rule would expand how much information is provided to employers participating in the voluntary process.  While the rule is intended to encourage greater employer participation in conciliation, rather than to pursue litigation, there […]


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 […]


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