Category Archives: Employment law

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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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