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 […]
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 […]
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? […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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