On March 20, 2020, Connecticut Governor Ned Lamont signed Executive Order No. 7H (the “Connecticut Executive Order”) restricting certain businesses from maintaining an in-person workforce. The Connecticut Executive Order,...more
In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions against...more
1/22/2020
/ Aiding and Abetting ,
Appeals ,
Cannabis Products ,
Compassionate Use Act ,
Controlled Substances Act ,
Corporate Counsel ,
Employment Litigation ,
First Impression ,
Medical Marijuana ,
Preemption ,
Reimbursements ,
Workers Compensation Board ,
Workplace Injury
On August 12, 2019, Governor Andrew Cuomo signed into law S.6577, a bill implementing a series of sweeping changes to the New York State Human Rights Law (“NYSHRL”). As we previously reported, S.6577 provides for a number of...more
8/29/2019
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Policies ,
Faragher/Ellerth defense ,
Federal Arbitration Act ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
On April 22, 2019, the United States Supreme Court granted certiorari in a trio of cases challenging the scope of Title VII of the Civil Rights Act of 1964’s (“Title VII”) prohibition on discrimination on the basis of sex....more
4/23/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Discrimination ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII
On March 27, 2019, the U.S. House of Representatives voted to pass the Paycheck Fairness Act, an act designed to amend and strengthen the existing federal Equal Pay Act (“EPA”), 29 U.S.C. § 206(d). The Paycheck Fairness Act,...more
3/29/2019
/ Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Pending Legislation ,
Proposed Legislation ,
Salary/Wage History ,
Wage and Hour
On February 18, 2019, the New York City Commission on Human Rights (the “NYCCHR”) released new legal enforcement guidance (the “Guidance”) regarding discrimination on the basis of natural hair and hairstyles. In the Guidance,...more
Part II: Offer Letters and Background Checks -
In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (regarding advertising and interviewing for a...more
11/6/2018
/ Adverse Employment Action ,
Background Checks ,
Credit History ,
Criminal Background Checks ,
Employer Liability Issues ,
Foreign Entities ,
Foreign Workers ,
Hiring & Firing ,
Job Applicants ,
Job Offers ,
NYSHRL ,
Offer Letters ,
Salary/Wage History ,
State Labor Laws
Part I: Advertising and Interviewing -
Foreign companies expanding their operations to the U.S. through New York usually handle their U.S. hiring process like the way they do back in their home country. They should not....more
9/28/2018
/ Advertising ,
Anti-Discrimination Policies ,
Background Checks ,
Employer Liability Issues ,
Foreign Corporations ,
Hiring & Firing ,
Job Applicants ,
Job Offers ,
Offer Letters ,
Risk Mitigation ,
State Labor Laws
As described in a previous blog post, New York’s 2019 Budget created significant new responsibilities for employers in the state with respect to sexual harassment prevention. As of October 9, 2018, all employers in New York...more
On June 27, 2018, the United States Supreme Court ruled that mandated payment of so-called “agency fees” by non-union members in the public sector violated First Amendment principles protecting freedom of speech and...more
6/29/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
On April 12, 2018, Governor Andrew Cuomo signed the 2019 budget for the State of New York (the “Budget”) which dramatically changed the landscape of obligations which New York employers are to their employees. Beyond...more
On April 12, 2018, Governor Andrew Cuomo signed into law a 2019 New York budget implementing the provisions of S-7848A (the “Budget”). Beyond the obligations created by S-7848A, which we summarized in a previous post, the...more
4/19/2018
/ Anti-Harassment Policies ,
Arbitration ,
Arbitration Agreements ,
Collective Bargaining Agreements (CBA) ,
Complaint Procedures ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Federal Arbitration Act ,
Governor Cuomo ,
Independent Contractors ,
Mandatory Arbitration ,
New Legislation ,
Non-Employees ,
Settlement Agreements ,
Sexual Harassment ,
Workplace Communication
On March 12, 2018, the New York State Senate passed S-7848A, a bill that, if enacted, would significantly change the legislative landscape for sexual harassment claims in the state. Most notably, S-7848A would: (i) prohibit...more
Last month, New York’s highest court took the unprecedented step of construing the New York City Human Rights Law (“NYCHRL”) more narrowly than its state and federal counterparts to bar plaintiffs’ city law disability...more