A recent study by the New York State Judicial Committee on Women in Courts examining the experience of women in the court system found that female attorneys continue to face sexual harassment and are more likely to have their credibility questioned. While the committee made recommendations for addressing these systemic problems, women who have been […]
While COVID-19 vaccinations may not be available to the general public until later next year, some employers are currently considering whether they should require their workers to be vaccinated. Similarly, employees have expressed concerns about whether they will be required to be vaccinated to return to their office or as a condition of employment elsewhere. […]
While sexual harassment in the workplace remains a pervasive problem in New York and across the nation, nonsexual harassment is another type of unlawful discrimination under federal, state, and local law. Ultimately, the best way for employees to fight back against discrimination and harassment is to consult with an experienced employment law attorney. What is […]
The U.S. Department of Labor (DOL) recently announced a new rule intended to clarify the definition of independent contractors under the Fair Labor Standards Act (FLSA). The proposed rule rolls back the DOL’s previously issued guidance on independent contractor status during the Obama Administration. This is a noticeable tilt toward the employer’s favor. Highlights of […]
New York State’s new paid sick leave law became effective on September 30, 2020. While two jurisdictions in the state, New York City and Westchester County, have already mandated paid sick leave, all employees in New York are entitled to this leave. The best way for employers and employees to understand their obligations and rights, […]
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 […]
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 […]
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 […]
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 […]
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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